Bundy v. Catto

This is an appeal from a judgment for $144.40 for gravel sold by plaintiff to defendant as alleged. The evidence shows that the greater part, if not all of the gravel, ivas taken from-with in the limits of a public highway laid over the plaintiff’s land, and it ivas all deposited upon another portion of the highway some two miles distant. The former owner of the land had released his damages upon the location of the road.

It appears that the defendant, supposing the gravel was not within the limits of the highway, bargained with the husband of the plaintiff for the privilege of taking it at a…