Bushart v. County of Fulton

Opinion op. the Ooubt by

Judge Settee

Beversing.

In this action, brought by the appellant, L. M. Bushart, against the- appellee, Connty of Fnlton, tlio former sought *472to recover of the latter $850.00 damages for its alleged wrongful act in causing to be opened across his farm a public road thirty feet in width. Appellee filed a general demurrer to the petition which the circuit court sustained. Excepting to this ruling the appellant filed an amended petition, in which it was, in substance, alleged that the county court of Pulton county, on the petition of five resident landowners, filed for the…