187 Ind. 37 | Ind. | 1916
— This was a proceeding instituted by appellees in the Huntington Circuit Court under the provisions of the Drainage Act of 1907 (Acts 1907 p. 508, §6140 et seq. Burns 1914) to establish an extensive public drain. From a judgment establishing the drain, this appeal in which numerous errors are assigned is brought.
The petition of appellees was in the usual form of a
Upon proof of notice of the filing of the petition given to the owners of these lands named therein as affected, the petition was, on March 25, 1910, docketed as a cause. On April 20 following, there having been no remonstrance, objection, nor demurrer to the petition, the matter was referred to Benjamin Pleaston, drainage commissioner of the county, James B. Vernon, a surveyor, resident in the county, and William F. Fulton, a disinterested resident freeholder of the county; and September 5, 1910, was fixed as the date on which they were to report. The time for filing a report was extended from time to time until February 26, 1912, on which date it was filed. The report was favorable to the construction of a principal drain all in Huntington
At the outset of their argument it is conceded by appellants that the drain here involved is much needed and should be constructed. Its purpose is to provide a sufficient outlet for a very extensive basin. In the upper part of the basin large drains have been constructed which conduct the surface waters in great volumes into the lower end where the outlet is not sufficient to carry it on. This is greatly to the detriment of the landowners in the lower end of the basin — the petitioners — and in a lesser degree to all affected.
Certain other questions are sought to be raised relating to notice to others. These are not vital and do not directly affect appellants.
The complaint of the overruling of a motion of the McCleerys is stated to be the fourth error relied on for reversal. This motion seems to be an application to be admitted as parties: They were subsequently admitted as parties and the other questions raised under, this assignment have been considered.
The tenth error asserted involves the overruling of motions for a new trial made by appellants. Aside from questions hereinbefore determined, the questions presented by the motions for a new trial, so far as they are properly presented, are given consideration in the order in which they are urged.
Appellants have presented no error sufficient to compel a reversal and the judgment is affirmed.
Note. — Reported in 114 N. E. 625. Drainage districts: power and proceedings to establish, Ann. Cas. 1915C 9. See under (1-3) 14 Cyc 1030.