Lambert v. County Court of McDowell County

Lively, Judge:

This is an action of trespass on the case by F. M. Lambert to recover from the County Court of McDowell County and the State Road Commission, damages sustained by him in the construction of a state road through his property. After sustaining a demurrer to the declaration, the trial court certified its ruling for review.

Plaintiff alleges in his declaration, which contains but one count, that the defendants acting under authority of Sec. 138, Chap. 6, Acts 1923, entered upon and took a part of his land for the building of a state road; that the road was so constructed as to leave…