Hudson

This is a proceeding to condemn a right of way for a public road. After the usual proceedings for viewing and laying out the road, and refusal of the defendant to accept the compensation awarded by the commissioners and board of supervisors, this action was commenced by the district attorney, and tried by the court and a jury, to which were submitted several special issues concerning the question of damages and benefits. The jury awarded fifty dollars for the value of the land to he taken for the proposed road, one hundred dollars as damages to the land not taken, and found that the land not taken would be benefited in the amount of fifty dollars. Upon this verdict and additional findings by the court, a decree was entered condemning the land for the right of way, awarding the defendant one hundred dollars damages; and that being the precise sum previously awarded by the board of supervisors and refused by the defendant, the plaintiff had judgment for the costs of the proceeding, amounting to over two hundred dollars. Defendant moved for a new trial. His motion was overruled, and the appeal is from that order.

It appears from the bill of exceptions that the defendant's land is a…