State v. Superior Court

(dissenting) — In changing the grade of the state highway, upon which borders the real property owned by the plaintiffs in the action pending before the superior court for "Walla Walla county, the state highway director and his subordinates were, in my opinion, performing lawful state work in a lawful manner. It does not appear that they were in any manner physically invading the real property or trespassing thereon. It is true that a change of grade in a street may be a damage to the abutting property, and that the owners of such property may be entitled to recover from the state…