119 Minn. 392 | Minn. | 1912
In judicial ditch proceedings pending in the court below, appellants, landowners whose land was assessed for benefits to result from the construction of the drain, appealed from the assessment as made by the viewers and approved by the court, and demanded a trial of the issue by a jury, as provided for by Laws 1905, p. 317, c. 230. The appeal came on for trial, and the sole issue litigated was the
The motion for a new trial was founded in the main upon alleged erroneous instructions to the jury; and whether the instructions complained of were prejudicial to appellants presents the only question on this appeal.
The court in its charge to the jury referred to the statutes on the-subject of drainage of wet and overflowed lands, and to the proceedings necessary to the completion of a drainage project. Among other things the court said that one of the essential steps was the ascertainment and the equalization of the amount each tract of land should' bear toward the expense of constructing the drain; and to that end that the court was required at a certain stage of the proceedings to-appoint viewers, whose duty it was to examine the affected land and assess the damages or benefits necessarily to result from the improvement. The jury was informed that, in compliance with the-statutes, viewers had been appointed in this proceeding for the purpose stated, and that the viewers so appointed “went out and assessed the benefits which in their judgment would accrue to each of the-pieces of land affected. * * * Those men qualified, went out and performed their duties, made their report to the court, as the law requires them to do, of what, in their judgment, were the benefits which each tract of land would receive; the amount that each tract would be benefited by the construction of such ditch system.” The-court further stated that upon the presentation of the viewers’ report it became the duty of the court to examine the same and to approve, or reject or modify, the allowances made by the viewers, as the-facts presented justified or demanded. In this connection the court-further said: “Now, when the court makes its order, it is what is: known as the final order, and it fixes the amount of benefits which it appears to the court is reasonable and right under all circumstances, as shown by the proofs offered.” The court then stated that the law-grants to persons affected by the ditch, and where lands are assessed for benefits, the right to demand a jury trial, and to thus review the;
An appeal of this character brings to the district court for trial de novo, the issue of benefits or damages, as the case may be, and should be there determined without reference to the conclusion reached by the viewers. The object of the law in granting the right of appeal is to afford the appellant the right to the independent judgment of a jury, uninfluenced by the result from which the appeal was taken. If in any such case the jury by the charge of the court, or otherwise, is led to the conclusion that consideration and respect should be given the assessment made by the viewers, the appellant is deprived of his right to the separate opinion of the jury, and his appeal becomes fruitless. In the case at bar we cannot escape the conclusion that the instructions complained of tended strongly to impress upon the jury that view of the case. That it had such effect is made apparent by the result. The verdict concurred exactly with the report •of the viewers.
We are not to be understood as intimating that the court below intended to influence the jury in the suggested direction. All that
Our conclusion, therefore, is that in this the court erred to the prejudice of appellants.
Order reversed and new trial granted.