Hart v. Trustees of Bloomfield Township ex rel. Weir
Decision Date | 07 December 1860 |
Citation | 15 Ind. 226 |
Court | Indiana Supreme Court |
Parties | Hart v. The Trustees of Bloomfield Township, on the relation of Weir, Supervisor, &c |
APPEAL from the La Grange Common Pleas.
The judgment is affirmed, with 5 per cent damages and costs.
A Ellison, for appellants.
R Parrett, for appellees.
The appellees, who were the plaintiffs, instituted this suit before a justice of the peace, against Hart, alleging in their complaint, that the defendant did unnecessarily, and to the hindrance of passengers, obstruct a certain highway, (describing it,) and still continues such obstruction, wherefore, &c. Before the justice, the plaintiffs obtained judgment, from which the defendant appealed. In the Common Pleas there was a trial of the cause, which resulted in a similar judgment.
The evidence is not all in the record; but the Court, to whom the cause was submitted for trial, at the instance of the defendant, found specially as follows:
At the proper time, the defendant moved for a judgment in his favor on the alleged ground, that it appeared from the special findings of the Court, that the road in question was not a public highway; but his motion was overruled, and thereupon he moved for a new trial, which motion was also overruled, and he excepted. These rulings are assigned for error; and the only question to settle is, was this road a public highway, within the statute on which the suit is based? That statute enacts that, "Every person who shall unnecessarily, and to the hindrance of passengers, obstruct any highway, shall forfeit the sum of five dollars, to be recovered before a justice of the peace, in the name of the township trustees, by the supervisor of the district," &c. And, further, it provides that, "All public highways which have been, or may hereafter be, used as such, for twenty...
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