Test v. Larsh

Newcomb, C.

This was a proceeding instituted by the appellants, under article 41 of the code of practice, for the assessment of damages that might be occasioned by the relocation of a woollen mill owned and operated by the appel*453lants, on the east fork of the Whitewater river, in Wayne county, and the lengthening of an existing tail-race to accommodate the new mill. The cause was commenced in the Wayne Common Pleas in January, 1869. The proper writ was issued, and by its authority the sheriff empanelled a jury, which proceeded to examine the premises, and, after such examination, decided all…