84 N.W. 556 | N.D. | 1900
On the 26th day of July, 1898, the board of supervisors of the township of Oakwood, in Walsh county, made an order discontinuing- a public highway theretofore regularly established and running east and west across section 4 in said township on the quarter section line. From such order the respondent herein appealed to the District Court of said county, as by statute provided. Section 1069, Rev. Codes. The trial of the issues ot fact to a jury in the District Court resulted in a judgment setting aside and reversing the order of the township supervisors. From the judgment of the District Court, entered after motion for new trial had been denied, the township appeals.
The assignments of error are numerous. We think none of them are well taken, but we can discuss them only generally. The legality or propriety of the order of the township board must be adjudicated upon the conditions and statutes then existing. This was an order vacating and discontinuing a public highway. Upon an appeal from that order the burden rested upon the township to establish the validity and propriety of the order. No charitable presumptions are thrown over it, as over the determinations of courts of general jurisdiction. Manifestly, somewhat different principles must be ap
At the close of the testimony the respondent herein renewed his motion for a directed verdict. It was again denied, and the ca.se submitted to the jury with full instructions. The jury returned a verdict in favor of the respondent. Appellant now attacks the charge of the court and the rulings upon the admission of testimony. What wé have already said shows that the respondent was entitled as matter of law to a directed verdict in his favor upon the undisputed facts. That being the case, if the court below made any errors— which we do not decide — they were necessarily without prejudice to any legal right of appellant. The judgment of the District Court is in all things affirmed.