183 Ind. 225 | Ind. | 1915
— Appellee and sixty-four others filed a petition for a highway before the board of commissioners of Madison County. The highway as sought to be established is located entirely upon the lands of Calvin A. Bronnenberg and his sister Susan T. Bronnenberg who are the only appellants. The record shows that several questions were raised in the course of the proceeding which are not presented on appeal and these need not be noticed; Viewers were appointed and a report was made favorable to the establishment of the highway, and after this report, each of appellants filed a separate remonstrance on the ground that the proposed road, if established, would not be of public utility. Upon these remonstrances, viewers were appointed and such viewers made a report which the board of commissioners construed as a report against the public utility of the road; and, acting thereon, such board dismissed the petition. Prom this judgment of dismissal, petitioners appealed to the Madison Circuit Court. Two changes'" of venue were taken and a trial was finally had in the Henry Circuit Court which resulted in a judgment in favor of the petitioners, establishing the proposed highway and ordering the same to be opened and improved.
The judgment is reversed and it is ordered that the trial court sustain the motion of appellants to modify the judgment and that the proceedings be referred back to the board of commissioners of Madison County with directions to set aside their order of dismissal, to reinstate the proceedings and to take such other and further steps therein as the law provides.
Note. — Reported in 108 N. E. 862. As to what is taking property for a public use, see 16 Am. St. 610. See, also, under (1) 37 Cyc. 137; (2) 37 Cyc. 137, 140; (3) 2 Cyc. 1003; (4, 8) 37 Cyc. 140; (5) 37 Cyc. 140; 3S Cyc. 1410; (6) 37 Cyc. 142; (7) 37 Cyc. 76; (9) 37 Cyc. 143.