Coffman v. Griffin

Citations

• 17 W. Va. 178
• 1880 W. Va. LEXIS 7

Syllabus

<p>1. After a report in favor of a certain route for a county-road has been made by viewers, a day has been appointed by the court for the heariug of the parties, aud a land-proprietor on that day appears and after heariug evidence the court orders the road or the route recommeuded by the viewers to he established, and the laud proprietor asks a writ of ad guod darnrtum. On the return of this writ the case being then before the court for final determination the proprietor of the land offers a witness to prove that the road should not be established by showing that there is another route for the road than the one recommended by the viewers, wbich is both cheaper and better. The county court refuses to hear this cvi-dcnce. The proprietor of the land cannot complain of tins as an error in the Appellate Oourt.</p> <p>2. If all the proceedings to establish a road before a county court are those recjuircd to establish a pnblic as distinguished from a private road, and the order to establish the road is such an order as should bc entered, when a public road is established, except that it orders one halt of the land-damages to be paid by the applicant and the other half by the county, instead of ordering the whole land-damages to be paid by the county, this does not prevent the road established from being a public or render it doubtful whether it be a private or public road; and it is not an error of winch the proprietor of the land has a right to complain in an Appeliats Oonrt.</p>