Hall v. Ellis Brantley

Opinion op the Court by

Hobson, Commissioner—

Reversing.

Mrs. Sarah Hall owns a small farm, on which she resides, in Harlan county. The right of way for a state highway over her' farm was acquired by proceedings had in the Harlan county court. The highway department entered into a contract with Ellis and Brantley for the construction of the road; they constructed the road, and she then brought this suit against them, alleging in substance that they did not stay within the right of way so obtained, but went out beyond it on her land and threw rocks, dirt, and other material on her land and…