Jasper County Democrat, Volume 11, Number 75, Rensselaer, Jasper County, 20 February 1909 — IS AFFIRMED. [ARTICLE]

IS AFFIRMED.

Supreme Court Decides Lawler-Gangloff Case. HIGHWAY MUST BE ESTABLISHED. End Of Another Hard Fonght Highway Case Taken Up From Jasper County.

The Lawler-Gangloff highway case in Marion township, appealed from the Jasper Circuit Court by Elizabeth Gangloff, was affirmed by the supreme court Tuesday. Following is the syllabus of the court’s finding: 21294. Gangloff, et al. vs. Lawler et al. Jasper C. C. Affirmed. Montgomery, J. The decision in Kelly vs. Augsperger, 85 N. E„ 1004, that, under Sec. 7658, Burns 1908, the petitioners for a highway have the right to appeal to the Circuit Court, from an order of the Board of Commissioners dismissing their petition upon the return of an adverse report of reviewers adhered to. In this case the first set of viewers, In this case the first set of viewers, JoSn R. Wilson, John Hudson and Jacob Hensler reported in favor of the public utility of the proposed highway; John Groom and Elizabeth Gangloff remonstrated; Geo. Daniels, John R. Lewis and John F. Payne were appointed reviewers, who also reported that the highway would be of public utility and gave damages of $25 to remonstrator Groom and $2Ol. to remonstrator Gangloff. Remonstrators moved to set aside report, which was overruled.

Andrew Gangloff, husband of the remonstrator, than remonstrated and demanded the appointment of other viewers, and John Martindale, J. R. Parklson and Omar Morlan were appointed to determine the question of public utility as raised by Mr. Gangloff. These viewers reported against the public utility, and the cause was dismissed. Petitioners then appealed to the Circuit Court, where a jury decided in favor of the estabishment of the highway, and John Groom was awarded $25 damages and Elizabeth Gangloff S3OO. From this finding Mrs. Gangloff appealed to the Supreme Court, with the above result, that the judgment of the Circuit Court was affirmed.