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28 Ky. 41

Winston v. Waggoner

Court of Appeals of Kentucky

Decided October 27, 1830

Court of Appeals of Kentucky · decided 1830-10-27

<p>Report of viewers must state the public and private conveniences, which will result from establishing the proposed road</p> <p>Report of the UnduHve evL dence of the propriety or Impropriety of establishing a</p> <p>paroi evidence is admissible:</p> <p>Order apy^gassmu.t require them to report the andinconveniences of the ProPosetiroa<* -</p>

Decided 1830-10-27

Chief Justice Robertson*

¶1delivered the opinion of the court.

¶2This writ of error is prosecuted to reverse an order of the county court of Boone, establishing a road from “Big Bone Lick,” to Waggoner’s Ferry.

¶3Sixteen errors have been assigned. We shall, however, notice only three of them, as by disposing of these, a consideration of the others will be rendered unnecessary.

¶4I The report of the reviewers is defective.

¶51st. It docs not state the conveniences and inconveniences public and private, which would result from establishing the road. - °

¶6. 2d. It shows that there was one established road from the Big Bone Lick, to Waggoner’s Ferry, and that the proposed new road, will, in pari-, be the old road. The order did not authorize such a report.

¶7II The county court erred in refusing to hear parol evidence, to prove that the proposed road would be inconvenient and injurious, and would not be the shortest and best that might he made.

¶8Such evidence was admissible, and proper. The report of the reviewers, if it had been such as the law requires, was not conclusive. It was the duty of the county court to hear other evidence, as it was offered; see II Dig. 1091; and Hubbard vs. Wickliffe, II Marshall, 503.

Marshall, for plaintiff.

¶9Ill The order is insufficient. It does not require the reveiwers to report the conveniences and inconveniences, of the proposed road.

¶10Wherefore, the order establishing the road, and that appointing reviewers, are reversed and set aside, and the cause remanded, with instlructions to quash thé report of the viewers.

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