State Ex Rel. State Highway Commission v. Cox

This case, coming to the writer on reassignment, is a certiorari proceeding instituted by relator to quash an opinion of the Springfield Court of Appeals in the case of State ex rel. Highway Commission v. Freehold Inv. Co., reported in52 S.W.2d 577, on the theory that the opinion is in conflict with controlling decisions of this court.

The whole of the opinion has been challenged. It reads as follows:

"This is a proceeding by the State Highway Commission to condemn ten feet along the south side of a tract of land belonging to defendant. The chief value of this land is its value as a part of a…