Heath v. Sheetz
Indiana Supreme Court
From Newton Circuit Court; Charles W. Hanley, Judge. Petition by David C. Sheetz and others for the establishment of a public highway, against which Edward E. Heath and another remonstrate. Erom a verdict for the petitioners and a judgment establishing the highway as petitioned, renionstrators appeal. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtJordan, J.
On October 6, 1902, appellees petitioned the board of commissioners of the county of Benton to lay out and establish a certain described public highway in said county. The notice required by the statute was given, and the board appointed three disinterested freeholders to view and examine the proposed highway. These viewers made and filed a written report, as required by the statute, finding therein, among other things, that the highway would be of public utility.
Appellants, Heath and Kennedy, filed separate remonstrances objecting to the establishment of the road on the ground that it would…
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