Majority
Headnote
Beassessment of damages in proceedings for the laying out of a highway — notice must he given to the parties interested — 1847, chap. 455, sec. 6.Chapter 455, Laws 1847, and amendments, show the manner of assessing damages in these cases. After the jury has been drawn, then by section 6 they are to hear the parties and such witnesses as may be offered by the parties and sworn by said justice before them. Although nothing is said expressly about notice to the parties, such notice is necessary on sound and settled principles. Without due notice the proceedings cannot stand.
This is the decision in People ex rel. Stephens v. Tallman ( 36 Barb., 222 ), and we think that decision correct. The respondents ask for an order authorizing the calling of a new jury. We do not feel certain that we have that power. Whether the proceedings have entirely failed or not, we will not now determine.
It is enough for the present that we reverse the proceedings, with fifty dollars costs and disbursements against the highway commissioner.
Landon and In&alls, JJ., concurred.
Proceedings reversed, with fifty dollars costs and disbursements against commissioner.