Vogle v. Bridges
| Decision Date | 01 April 1893 |
| Citation | 22 S.W. 82 |
| Parties | VOGLE v. BRIDGES. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Lyon county.
Application of Wheeler Bridges for opening a public road. From a judgment of the circuit court affirming an order of the county court directing the opening of such road, L. A. Vogle appeals. Affirmed.
A writ of ad quod damnum was awarded, directing the proper officer to summon and impanel a jury to meet on the land over which it was proposed the road should run, on Monday, March 16 1891. The return of the officer on the writ showed that, on account of the condition of the weather on the day named in the order and the writ, the jury failed to meet and view the premises on such day, and that thereupon the officer appointed Friday, March 20, 1891, and summoned a jury for that day, when the jury viewed the premises, and awarded damages to the proprietors of the land taken.
Cassidy & James and John T. Young, for appellant.
T. J Watkins, for appellee.
The statute expressly provides that the officers may fix another day on which to hold the inquest, if the jury be not sworn on the day specified. Here the jury had not been summoned to meet on the day fixed by the writ, but was summoned, and heard the case, on the day fixed by the officer. Both parties were present, represented by counsel, and a verdict awarding the damages rendered. The officer had full power to fix the day, under section 10 of the General Statutes, (page 1121, c 94). [1]
It is urged that the report of the viewers is defective because there is no fixed point at which the road is to begin, but the amended report shows that it begins at a point on the Rolling-Mill road near Mrs. Bohannon's home. The point where it leaves the Rolling-Mill road is, by the course of that road, north, 47 west, 42 3-5 poles from a point in said road directly in front of Mrs. Bohannon's door. This is sufficiently specific. Nor are we prepared to adjudge that the original report is defective. We think it abundantly appears that this is the only roadway for wagons to reach the ferry from the neighborhood in which this road is located. The conveniences and inconveniences to the public and individuals are aptly stated, and the report of the viewers and all the proceedings conform to the statute. The amended report was properly filed, as the statute provides that the report may be amended at any time before final action. In order to...
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