64 Neb. 187 | Neb. | 1902
Plaintiff, appellee, began an action to restrain the defendants, as county commissioners and road superivisors, from opening and maintaining a public highway across his premises as described in his petition. Issues were joined, and a trial had, resulting in a judgment perpetually enjoining the defendants from in any way interfering with the plaintiff in the possession of the real estate over which it is sought to maintain such highway. Defendánts appeal.
Plaintiff, it is conceded, resides on and is' the owner of the real estate described in his petition, over which the roadway is claimed to exist, and has the same inclosed with a wire fence, and uses it for farming and pasturage purposes. The right to maintain a roadway across the
The order appealed from should be, and accordingly is,
Affirmed.