59 Ind. App. 694 | Ind. Ct. App. | 1915
The city council of the city of Attica, Indiana, in pursuance of tbe act of 1905 (§8700 et seq. Burns 1914, Acts 1905 p. 219 and §8959 Burns 1908 as amended by Acts 1909 p. 412, §6), ordered the opening of Brady Street in said city through á tract of real estate owned by appellant and, over his remonstrance, adjudged the benefits to his real estate equal to the damages sustained by him by the condemnation of his land.
Appellant makes no complaint as to the regularity of the proceedings but, being aggrieved by the decision of the council on the amount of damages, appealed to the Fountain Circuit Court by filing an original complaint under tbe provisions of §§8704, 8705 Burns 1914, Acts 1905 p. 219, §§101, 102. On trial of the ease, the question of the amount-of damages was submitted to a jury and on December 21, 1912, a verdict was returned in his favor for $1,000 damages in excess of his benefits.
On December 30, 1912, at the same term of court tbe city of Attica moved the court to dismiss “the entire condemnation proceeding * * commenced by the common council, and as appealed as to tbe question of damages. ’ ’ Appellant filed a motion in writing for judgment on tbe
Note. — Reported in 109 N. E. 918. As to evidence of damages in eminent domain proceedings, see 22 Am. St. 49. At what stage may eminent domain proceedings be discontinued, see Ann. Cas. 1913 E 1062. See, also, under (1) 28 Cyc. 1017, 1094; (2) 28 Cyc. 1011.