Loshbaugh v. Birdsell

Best, C.

— This proceeding was instituted by the appellant and others for the location of a highway across the appellee’sland. ' An order was made locating the road and awarding-damages to the appellee. An appeal was taken to the circuit-court, and upon the trial the jury, to whom the issues were submitted, returned a verdict that the highway would not be of' public utility. A motion for a new trial made by the appellant was overruled, and judgment was rendered upon the verdict.

The ruling upon the motion for a new trial is assigned as error. This motion embraces several causes, none of which…