180 Ind. 49 | Ind. | 1913
This was a proceeding instituted under the drainage laws of 1907 (Acts 1907 p. 508, §6174 Bums 1908), by appellee, Richard Sumner and others for the construction of an open ditch, by the widening and deepening beyond the original specifications of a public ditch, previously established and constructed by order of the Gibson Circuit Court, upon and along the same route, and known as “The Sumner Ditch.” In due course of the proceedings the report of the drainage commissioners was filed, which included an assessment against the lands of appellants, Blood, Blood and Blood, as joint owners of certain lands as tenants in common and an assessment against the lands of appellant William T. Watson. In due time appellants, Blood, Blood and Blood, filed a remonstrance as follows: (1) Because as to each tract and parcel of land above described separately,
Appellant "William T. Watson filed a separate remonstrance for statutory causes as follows: (1) That none of said tracts and parcels of land will be affected or benefited to the extent of the assessment made against the same in said report by the proposed work if accomplished. (2) That it will not be practicable to accomplish the proposed drainage without an expense exceeding the aggregate benefits. (3) That the proposed work as decided upon and reported by said commissioners will not be sufficient to properly drain the land to be affected or any one of the tracts and parcels of land hereinbefore described.
The trial of the cause resulted in the court making a few minor changes in the assessments, but left them practically as made by the commissioners. From the judgment of the court in establishing said drain and confirming the assessments, appellants appeal to this court. The assignment of errors presents the questions to this court, that the decision of the court is contrary to law, and is not sustained by sufficient evidence.
The circuit court heard the testimony of numerous witnesses, including the commissioners and having weighed the evidence confirmed the assessment of benefits substantially as made by the commissioners and under the rule many times announced, this court will not disturb the finding. Judgment affirmed.
Spencer, O. J., not participating.