State Highway Commission v. Brixey

In the trial court Samuel Brixey and Della Brixey instituted this action, number 11305, against the State Highway Commission for the recovery of damages to real property resulting from the method of construction of highway improvements, and alleged to cause the destruction of plaintiffs’ filling station and grocery business, and to cause certain of plaintiffs’ lands to be subject to overflow 'from backwater, which was forced across the lands of others and onto plaintiffs’ land.

In a former action, numbered 10937, the state, in exercise of the power of eminent domain, had maintained…