Mitchell v. Board of County Commissioners

These parties are hereinafter referred to as Mitchell, the county board and the highway department respectively. Mitchell, alleging ownership of certain lands in Morgan county and the construction, ownership, maintenance and operation by the county board and the highway department of a certain highway and bridge in such manner as to cause Beaver creek to overflow his property, brought this action for damages in the sum of $25,000.

The highway department moved to dismiss for want of facts and because the suit against it was one against the state and without its consent, hence unmaintainable.…