Gamlich

This is an action for the condemnation of a right of way for a public highway over the lands of defendant. The complaint alleges that the required petition in writing for laying out a new road, signed by at least ten freeholders of the road district in which defendant’s lands are situated and taxable therein for road purposes, was presented to the board of supervisors; that the necessary accompanying bond was filed and approved by the board; that three viewers were appointed, one of whom was the county surveyor, and that two of the viewers proceeded to view, survey, and lay out said proposed road; that they filed their report, showing the course, termini, length, width, and probable cost of the road, with the names of the landowners who did not consent and the amount of damages claimed by each, and recommended its construction; that defendant would be damaged by the location and opening of the route so established in the sum of ten dollars as reported by the viewers, and that the right of way over defendant’s lands was necessary for "the creation of said highway; that the board approved the report, but defendant refused to accept the damages awarded him, and thereafter an order…