Grangeville Highway District v. Ailshie

VARIAN, J.,

Dissenting. — Grangeville Highway District, “a body politic and corporate,” and as such invested with the power of eminent domain (G, S., sec. 1505), with power to sue and be sued, purchase and hold real estate, etc. (C. S., sec. 1506), brought this action under the general eminent domain statutes (C. S., tit. 56, chap. 270) to condemn a right of way for highway purposes across farm lands adjoining the city of Grangeville, owned by appellants. Appellants answered, denying the necessity for taking their lands, and alleging that the route adopted by respondent was across the most…