Speck v. Kenoyer
Indiana Supreme Court
Erom Newton Circuit Court; Charles W. Hanley, Judge. Petition by Lewis Kenover and others for the establishment of a public highway against which Isaac Y. Speck remonstrates. From a judgment establishing such highway, remonstrant appeals. Transferred from Appellate Court under §133^1 Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtGillett, J.
Proceedings instituted by appellees before the board of commissioners of Newton county to establish a public highway over the lands of appellant. Issues were made by remonstrance on the questions of public utility and damages, and in the circuit court there was a verdict that the proposed highway would be of public utility, and that appellant would not be damaged by its location. Judgment was rendered in accordance with the verdict, and the ultimate question^ which are now before us were presented to the lower court by a motion for a new trial.
The first question argued by appellant’s counsel…
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