Kyle v. Miller

The question whether a proposed . public highway will or will not be of public utility is one of fact. .It is not a question of law to be determined by the court, *91except, possibly, in eases where the facts are undisputed. Where there are considerations for and against the utility of the highway, the question is properly for the jury.

Filed Oct. 26, 1886.

In this case the contested question was whether the .proposed highway would be of public utility; and as there is conflicting evidence upon this question of fact, we must, under the firmly settled rule, decline to interfere with the verdict of…