James v. State

McFADDEN, Justice.

Mr. and Mrs. Herb James, as plaintiffs (appellants herein)' instituted this action to recover damages for alleged deprivation of access to their business property. Subsequent to the filing of this action, Mr. James passed away; by stipulation his widow, the administratrix of his estate, has been substituted as a plaintiff.

Appellants by their complaint seek $40,000 damages for loss of value to their business property as a result of alleged impaired access'to it. To the complaint respondent filed a motion to dismiss, which the trial court, under the provisions of I.R.C.P.…