Miles v. Fall River County

This action was brought to recover damages for the taking and damaging of plaintiffs’ land for highway purposes. The jury returned a verdict for plaintiffs in the sum' of $1,700, and judgment was entered accordingly. Upon motion for new trial the court ruled thal a new trial should be granted unless plaintiffs consented to reduce the amount of the judgment to $i,ooo.' They did so consent. Defendants appeal from the judgment and order denying new trial.

It is first urged that the motion of respondents -to dismiss the appeal in so far as it is from the order denying new! trial should be granted,…