Barrett v. The Carthage Turnpike Co.
| Decision Date | 28 May 1861 |
| Parties | Barrett v. The Carthage Turnpike Company |
| Court | Indiana Supreme Court |
APPEAL from the Rush Circuit Court.
The judgment is affirmed, with costs.
L. Sexton, for the appellant.
G. C. Clark and P. A. Hackleman, for the appellee.
The report of appraisers, as to the damages in a road case, was set aside for cause shown on motion, and a new assessment had by jury.
As the evidence on which the Court set aside the report of the appraisers is not set out in the bill of exceptions, there being at the same time nothing to show that evidence was not heard, nor admissions of fact made, before the decision, we must presume in favor of the ruling of the Court.
As to calling the jury to assess the damages afterward, see The Lake Erie, &c. Co. v. Heath, 9 Ind. 558, where such practice is held correct.
The judgment is affirmed, with costs.
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Chicago, Indiana & Eastern Railway Co. v. Wysor Land Co.
... ... Hughes v. Lake Erie, etc., R. Co. (1863), ... 21 Ind. 175, 176; Barrett v. Carthage Turnpike ... Co. (1861), 16 Ind. 105, 106; Piper v ... Connersville, etc., R. Co ... ...