Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-14
NUMBER 1856.

public Much proof was introduced 70 support th
positions assumed both sides--lbe public De
msnd fer the road on the one Part, and the Priyail
Injury on the other.
The County Court decides ia favor Of the ps.
tliioneFs and ordered the lsying ont aad establish
ment of the rosd, but upon an application 70 he
Circuit Co1r', that judgment vas reversed, ard the
Petition dismissed aad appeal 70 tuls efurt ls Is
now for Us to cds upon the evidence presented
10 tie bill ef exceptions, which tribunal gave the
proper Judgment.
It is assigned for error here frst that fbs Circuit
Judge refused 20 refer the question to jarg. in.
siead OF passing upon the evidence him e We
tnink ne did not in tais. Such 3 prsc lee has
never been adopted, and is NOT contempls ed by
Any ae' Of assembly on The subjesi Of roads. Il is
COS proper matter for jury. The jurisdicfior il
gwen exclusively 10 he County CuErt ia tie arst
instance, and then upOu appeal 10 the Crcuf Court
20 the Judge These contests are often Of the most
e4eiiing character They geaeFa ly srray many
slHS' Chs, an arouse Whole comm miles against
asihgle individual Il gabld Be safe in sureb CO
ses TO leave them 10 jury Of the vlsinags Al al
events II mould De more ssf and appropriate 70 co.
| trust them 70 an impartiss, t.aexoiied Coart Bat
! Il ls enough that the Legislature has eoafded Al
such questions 20 the Courts without a,v D-ovisiens
for Jury. It Wsuld be sn evasion o. tntv7for !, 3
Juge TO shif this labor and 2oBsiti fror, hin.
self 10 . jury and probably it would b. held erro-
erroneous to DO 50.
The public is sStitled to all nsesssary roads and
1 IN
I grant them, wherever hey are needed although
they msy be Injurious TO niiFidusls upon makiSa
compensation for the Injury, provided /, 8 By la1
ibis is 70 be d-ne, however Wi.h as liftls Il Jury 10
private praperiy IS possible. Il Is not folloV-
shst road IS 70 be granted because portion of Abe
people may desire it not even, in every case uksrs
it Is manifest thst il W0ud be Of some conveeiencs
or advantage o then The advantage to the pubIe
must be sufficiently great to overbalanee the uri-
va.e injury That i, in case where the nscsssily
Is not Imperative, very serIrus harm viii not 6e
done 10 individuals Sy the e abi-hment Of rublia
road In the exer.ise Of this very dslicste a1s ,
portant iuIisdietiOn, 6y whieA Yr.va prp1art1 i
taken for public use, the should rok ca efHPr
70 the Interests Of al the rs aud never exert
the right Of enineAt main, unless Il is elsarlyaad
urgently demanded for the public good
That "a few miles in distance would be sav,d. ora
rosd some degrees better provided for portion oP
Inc eommuniiy, is not sufficient reassn IN ~
cases 10 justify he running 3 read over pri.as
property 1he eouTtsshoud wisely asd fairly iu5rs
OF each case upon the faeis presented o. the o5a
hand the public PROS eriry and eouveuiepce storId
not be retarded becsuss individual interests mvbt
be in the Wsy, and the other hand s7f vats riva
ought not to be iniTiUged EilhCut peeesstv TIA
would not only be a just TO these shO you'd BE-
Immediately affected Oy il, but 70 the whole CEN.
muniiy, who would have 70 90 taxed "a nav tka.
damages that might be assessed for the approDfie,
tion Of priVaie property TO public use. Tbis uust
necessarily be do0e, because ths coasti-utcp. a.
= IF. q Z nod
many considerations are invOlFed Ia the question
But parties have used every szsrtion 70 prsssut
all the facts Ia this case escl'a ei assist he
courts IN arriving At correct conclusion We have
map Of the two bends, the river, asilrSnt furn-
pixies and other public RAGS nd rriss TIE stu.
alton # all The families ~ ''Nbite's BsndH teeefh
er with the cpHiOns 0f men A. 10 tie neces.i ' az
the proposed road for each iRhaEuat From all
Nhich it appears, that a few o tie families would
be benefited by shOreaing the els 10 Nashville,
provided they sueeeeeed 10 set ing good f3ry
kept up. Blu takiag ali tke creums. .ance in wv
as they sre PIE ented in 4 proof, Ne are saisfed
that msJority u the people N hs hend you'd nat
only receive no advantage BY opening Ihe road. bus
thas u would nOs De used y thum =. e. ed ca the
opposite side Of the river. ihe prO1iin O. he tEo
good turnpike roads, the le.dins from Cha-i te
10 Nashville, and the other 10 Il d's F,rry. WIKI
cut much increase Of distance WoaFd prevrgt rrry
much use of tEe esnte lated 70 d even If IL wee
epsr ed, and ferry krpi up Th- char.c r z .hs
grousd near he river in RObers rs bend would
make II bad road II he Hipier snd spring seasons
ard some Of the Witnesses say alursst lam ssabIs =
eaiirelys', without thr0 sing up "a en- B nsuut ,r
three or f0nr hundred yards ON The river 70 aa
elevation Of three CT four iset, ard fridge over
slough or ravins
Some Of the witnesses are Of opinion that road
would be Of vital mp1rtauee 10 The IAN ilies d, tha
''WhIies Bend al least for some Of them and OH
eTs think il would be OF very li-le or DO benefit 10
them; somesa that the ferry 20 be estai shed upou
the new rOsd 81 ths heal Of kOb rs0L 5 Bend Eould
be safe and conye1ini, and Ott ers that il Ucud Be
sxoesdiOgly dangerous, aad in hich water ALMOST
impossible s. We are let in ns,st cases Of this
kind TO judge betE'ea them upon he reascns hey
assign and he facts they state. The proaf shows
that there are iron twenty 20 f1ry families In the
bend-some Of them reI tsrs that most Of them. bF
proper roads leading 20 the turnpike on either side
could reach Nashvil e more easily and safely thaa
By the Proposel road, though the dist'nee might
be sOmeWhst greater TO a majority Of shsn Il Is
clear that the general public no in erest In the
question, but that II Wcu'd be confined 10 TIE susn
c1mmuriiy in the bend We are not isfei fr5ui
the proof that the beRtf 20 them would b sufficient
to authorize the injury TO priva'e properly thas
would result The C5uuty c Caurt in 1850 uisoan,in-
usd 3 county road through Roberrsoas bend upon
the report Of jury Of view, snd n see 10 suk-
hcient reason for opening il st pTeseut We coacur
with the circuit judge in his conclusion up0n tbs
facts, and affirm his judgment disailOsirg the Pc
tition. CARUTuKRs
A correct copy. P. CE'RK. Clerk