Flemming v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, J.;

This is an appeal from an award of damages for laying out a road. On the trial plaintiff was allowed a sum in excess of that allowed by the board of county commissioners, and the county has appealed.

The road was petitioned for in May, 1916. The owner of land through which it passed presented a claim for damages in the sum of $732.75. The road was viewed by the county commissioners acting as viewers, damages were allowed the owner in the sum of $157.80, *599the road was allowed and ordered opened, and the owner appealed from the award. This was…