Wayne County v. Elk Spring Valley Turnpike Co.

Opinion op the Court by

Judge Rees

Affirming in part and reversing n part.

For a number of years prior to 1926 tbe appellee owned, maintained, and operated a toll turnpike extending from Monticello, the county seat of Wayne county, a distance of five miles toward Whitley City. It is one of the main traveled highways in Wayne county. One-half mile of the turnpike was located within the corporate limits of Monticello, which is a city of the fifth class. Elk Spring creek flows through the city of Monticello, and the turnpike crosses the creek. For a number of years the turnpike company maintained a…