12 Kan. 17 | Kan. | 1873
Plaintiff in error brought her action to enjoin the opening of a road. The case was tried by the court, special findings of fact made, and judgment rendered for defendant. It was admitted on the trial that the proceedings for the opening of the road were in form, and legal, up to the action of the county board on the 17th of September 1871. The plaintiff, the owner of a portion of the land taken for the road, appeared before the viewers and claimed' $400 as damages. The report of the viewers was favorable to the. road, and they recommended an allowance of $50 to plaintiff. On the 17th day of September 1871, at a session of the board of the county commissioners, the committee on roads and bridges reported back to the board the report of the viewers, and recommended that it lay on the table, which report was adopted. On the 5th of February 1872 the board took said report from the table, and adopted the report of the viewers, and declared said road to be of public utility, and caused said report, survey and plat to be recorded, and issued their order to Theodore Meyers, the then proper road overseer, directing him to cause said road to be opened for public travel. No road damages were allowed by said board to plaintiff. On the 20th of February 1872 the county clerk duly issued and delivered to the road-overseer of the district a written notice to open said road, and in pursuance of said notice and order the defendants were proceeding to open said road when this suit was commenced. The last two findings made by the trial court were as follows:
“The plaintiff had no notice or knowledge of the action of the board of county commissioners on the 5th of February 1872, nor until more than ten days thereafter.
“Said road is eighty rods in length. It has no opening or outlet at its north end, but does lead' from its north end along and on the line between the land of the plaintiff and one Baskers into a public highway, thus affording the defendant Thomas an outlet to a public road.”
These questions are all that are raised in the case, and as we find no error in them the judgment of the district court must be affirmed.