
    (No. 16377.
    Cause transferred.)
    The Town of Newburg, Appellee, vs. Alva R. Foreman et al. Appellants.
    
      Opinion filed December 16, 1924.
    
    
      Freehold — a freehold is not involved in proceeding to assess damages for improving highway. A proceeding under section 133 of the Roads and Bridges act to assess damages for property taken and damaged in the construction of a ditch for the purpose of carrying off waters from a public road does not involve a freehold.
    Appear from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding.
    Capps & Weaver, for appellants.
    Wirriams & Wirriams, and Edwin Johnston, for appellee.
   Mr. Justice Thompson

delivered the opinion of the court:

This was a proceeding to assess damages to appellants, the owners of certain lands in the town of Newburg, in Pike county, for property taken and damaged in the construction of a ditch for the purpose of carrying off waters from a public road, the action being brought under section 133 of the Road and Bridge act. Such a proceeding does not involve a freehold, (Motsinger v. Chenoweth, 308 Ill. 31,) and there is no assignment of error raising a constitutional question or any other question that gives this court jurisdiction of this appeal.

The cause is therefore transferred to the Appellate Court for the Third District.

Cause transferred.  