Ark. State Hwy. Comm. v. Jerry

Ed. F. McFaddin, Justice.

The question in this 'case is the legal width of Highway No. 167 in front of the appellee’s store. The Chancery Court held that the fight of way was only 80 feet wide instead of the 120 feet, as urged by the appellant; and from that decree there is this appeal.

The appellant, Arkansas State Highway Commission, filed this suit seeking a mandatory injunction to compel the appellee, Doyne E. Jerry, to remove his gasoline pumps and a portion of the store building as encroachments on the right of way of Highway No'.' 167 in Union County. The appellant alleged that in 1934…