Brock v. State Highway Commission

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a verdict and judgment denying damages for the alleged deprivation of the plaintiffs’ common-law right to direct access to a pre-existing highway.

Plaintiffs own, as tenants in common, a tract of land bounded on the north by U. S. Highway 24 beginning at a point 150 feet *363east of Rochester Road (North Tyler Street), Topeka, Kansas, thence east 575 feet. The other boundary lines are not material to the controversy.

In September, 1951, defendant condemned certain parcels of real estate lying directly north of the above…