193 Ky. 514 | Ky. Ct. App. | 1922
Opinion op the Court by
Affirming.
In this proceeding for the establishment of Bayou de Chien drainage district in the counties of Fulton, Hickman and Graves it is admitted by the parties that all the steps taken, up to and including- the filing of the exceptions of the Mobile & Ohio Railroad Co., on February 27, 1921, to the confirmation of the appraisers’ report, are legular and binding upon the exceptors, but it is insisted by the said railroad 'Company that the order -of the lower court overruling its exceptions to the report of the appraisers, assessing it with one thousand dollars ($1,000.00) as benefits derived from the drainage project, is against the weight of the evidence, and, therefore, erroneous, to -correct which it prosecutes this appeal. The drainage district is many miles in length though narrow and -irregular, and contains about five thousand acres. The ditch passes over the right of way of appellant, Mobile & Ohio Railroad Company, at a point where it maintains ,-a trestle more than four hundred feet long and of an average height of ten or twelve feet. The valley at
The report of the appraisers was prima facie evidence of all the facts and conclusions set forth therein. Subsection 18 of section 2380b, Kentucky Statutes; Book, et al. v. Trigg, et al., 166 Ky. 664. We are of the opinion that the evidence heard by the trial court on the exceptions was not sufficient to overcome the prima facie case made out by the report of the appraisers. Giving proper weight to the finding of fact by the lower court, we are of opinion that the judgment should be, and it is, affirmed.
Judgment affirmed.