Perry County v. Tyree

Opinion of the Court by

Judge Tilford

— Reversing.

Alleging that they were the owners of a house and lot in the City of Hazard which had been damaged in the construction of a county road extending into the City, the appellees instituted this action against the appellants to recover the damages sustained. It is not claimed that any portion of the right of way was acquired from the appellees by condemnation or otherwise, and the road as constructed runs in the rear of their property. It is alleged that the road was built by the appellants jointly, and that:

“during the construction of said road…