Jones v. . Commissioners

DOUGLAS and Cook, JJ., dissenting. The plaintiff, for his first cause of action, complains that the defendants, the Board of Commissioners of Franklin County, through the superintendent of public roads for the county, under the provisions of chapter 581, Laws 1899, against the (452) protest of the plaintiff and without condemnation proceedings, negligently, wrongfully and tortiously cut and blasted away a strip of his land 12 or 15 feet in width, by which the plaintiff's pathway around the end of his house was destroyed, to his great injury, and his warehouse endangered; and also that the…