Daily globe., 1880-07-17
LAKE PHALEN AVENUE.

Supreme Court Decision Adverse to the
sioners' Appraisemenr.
The suit growing out of the steps taken
by the county to condemn land for an ave-
nue. around Lake Phalen terminated by a
decision of the supreme court filed yester-
day. 1t will be remembered that Washing
ton M. Stees appealed from the appraise-
ment of the commissioners, r. w. johnson
and HI. j. Brainerd, and that in jury trial
in the district court for the county, the ap-
praisement was set aside, and very much
larger sum, $4,000 in fact, allowed Mr.. Stees.
Upon the return of this verdict the county
asked for new trial, and it being denied,
au appeal was had to the supreme court.
This court sustains the verdict of MIR. Stees'
appeal from the commissioners appraise-
ment, and decides that the verdict of the
jury in the district conrt trial was sustained
by the evidence presented. The opinion of
the court is as follows
In the matter of the appeal of w. nj. Stees,
owner of the land hereinafter described, from
the appraisement of damages made by r. w.
johnson and 81. j. Brainerd, commissioners,
u
State of Minnesota, entitled "An act to author
lie the location of all avenue around lake
Phalen." approved March 6, 1878. The county
Of Ramsey appellant VS.. w. M. Stees, respond
ent. -
Chapter $50, special laws Of 1878, is "An act
to authorize the location of an avenue around
lake Phalen," and in section 7, it is provided
that ''any owners of land through which such
road passes may appeal from the appraisement
of damages" made by the commissioners ap-
pointed to lay the same to the district court Of
Ramsey county.
Section provides that F'such appeal shall
be taken by the service OF q notice in writing.
one upon the county auditor, and one upon the
county attorney of Ramsey county, and on the
filing in the Office of the clerk of the district
court copy of such notice, with proof of ser
vice, with description of the property taken,
and the amount of the commissioner award,
together with appellants ground of appeal,
the appeal will be deemed to be complete and
therefore proceedings shall be had as in actions
originally commenced in the district court.
We think the last clause Of this section gives
a right of appeal from the district court to this
court. Thereafter proceedings is equivalent
to proceedings therereafter'-an expression
broad enough to include such right of appeal,
and as it is the general policy and practice of
our statutory law to provide for the review of
proceedings in the district courts by appeal
rather than in any other way, we think such
construction should be given to the expression
mentioned as will follow out the policy and
practice as far as may be.
The present respondents motion to dismiss
the appeal is accordingly denied.
This case was tried in the district court by
jury by whose verdict damages were awarded
to the present respondent in the sum Jf twen-
ty-six hundred dollars. The present appellant
moved simply for new trial. No exception
having been taken ON account of any alleged
errors in the course of the trial, the only real
question before the district court upon Fsha
motion was whether the verdict was justified
by the evidence.
Upon this question there is no room for
doubt There was abundance of evidence to
sustain the verdict
The position that the commissioners acted
without jurisdiction, even if it be sound po-
sition, furnished no reason for granting new
trial.
Order denying new trial affirmed
BERRY, j.