(1967) Creating of public road under section 228.190 was valid although road created was only 18 to 20 feet wide and this section requires that public roads shall not be less than 30 feet in width. Drydale v. Kiser (Mo.), 413 S.W.2d 506.
Notes of Decisions
Cited in 10
cases, 1967–2017 · leading case: State v. Swartz, 517 S.W.3d 40 (Mo. Ct. App. 2017).
State v. Swartz, 517 S.W.3d 40 (Mo. Ct. App. 2017). · cites it 4דSwartz attempted to argue at trial that the roadway on which he was driving was not of sufficient width and sought to rely on section 229.010 to support his argument. As is apparent above, the submitted instruction did not require that the jury make any finding regarding whether…”
State Ex Rel. Reynolds Cnty. v. Riden, 621 S.W.2d 366 (Mo. Ct. App. 1981). · cites it 3דMoreover, the “width” statute, § 229.010, and its predeces *371 sors, have not been construed as defendants Boardman suggest.”
Patterson v. Null, 751 S.W.2d 381 (Mo. Ct. App. 1988). · cites it 2ד190 was, of necessity, thirty feet in width as provided in § 229.010. In each case, the court held that notwithstanding the language of § 229.”
State Ex Rel. State High. Comm'n v. Wiggins, 454 S.W.2d 899 (Mo. 1970). · cites it 2ד030 it is provided that "public roads" shall be cleared of all obstructions therein "that hinder or interfere with travel or traffic thereon, and shall be made firm, and the surface thereof shall be kept in a reasonably smooth and level condition.”
Osburn v. Supreme Express & Transfer Co., 590 S.W.2d 360 (Mo. Ct. App. 1979). · cites it 2דSection 229.010 provides that “[a]ll public roads in this state which hereafter may be established shall not be less than thirty feet in width.”
State ex rel. Perkins v. Taylor, 666 S.W.2d 853 (Mo. Ct. App. 1984). “It must be noted that § 229.010 provides that public roads shall be thirty feet wide.”
Dayton Twp. of Cass Cnty. v. Brown, 445 S.W.2d 322 (Mo. 1969). · cites it 2ד” It does not seem unreasonable from the whole testimony describing the road and the ditches to find that these ditches would take up another ten feet.”
Drydale v. Kiser, 413 S.W.2d 506 (Mo. 1967). “The point was not made in those cases as it is here that “no public road can be less than 30 feet in width” but the appellants only cite the statute and that is not in itself sufficient to demonstrate that a public road created under the statute involved here, § 228.”
Mueller v. Pittard, 590 S.W.2d 111 (Mo. Ct. App. 1979). “190 was valid although the road was only 18 to 20 feet wide and although § 229.010 provides that “[a]ll public roads in this state which hereafter may be established shall not be less than [30] féet in width.”
State Ex Rel. State High. Comm'n v. Carlton, 453 S.W.2d 642 (Mo. Ct. App. 1970). “, §§ 229.010, 229.140 and 229.150(2)] in which (as*CounSel assert and we agree) “road” or “roads” was used in such context as to indicate that it there was intended to include mofe than the traveled way; (b) by referring to the statutory definition of “state highway” in § 226.”
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