139 Minn. 458 | Minn. | 1918
A petition under the statute for a change and alteration of an alleged existing public highway was duly presented to the board of county commissioners of Sibley county, the prayer of which after due hearing and consideration was denied and the proceeding dismissed. An interested landowner under section 2548, G-. S. 1913, appealed to the district court of the county where in the due course of procedure a trial was had before a jury, resulting in a verdict reversing the decision of the county board, and ordering that the proposed change in the highway be made as prayed for in the petition. The cause was brought to this court by an appeal from an order denying a new trial.
The assignments of error present two principal questions, namely: (1) Whether the trial* court erred in directing a submission of the issues to a jury; and (2) whether there was error in the instructions as to the character of the issue to be determined.
The question whether public interests require or will justify a particular improvement of the character of that here involved is legislative in character and in no proper sense judicial. The determination thereof may be delegated by the legislature to local municipal boards and administrative officers, but cannot be conferred upon the courts, except in spe
It follows that the instructions of the learned trial court were erroneous, and there must be a new trial.
Order reversed.