State Ex Rel. State Highway Commission v. Lindley

This case was before us prior hereto and is reported in State ex rel. v. Lindley et al., 96 S.W.2d 1065. Respondent, State Highway Commission, removed the record of that case to the Supreme Court, by certiorari proceedings, and the Supreme Court rendered its opinion wherein our record was quashed and the cause remanded for further proceedings here. [State ex rel. State Highway Commission v. Shain et al., 102 S.W.2d 666.] Pursuant to the mandate of the Supreme Court the cause was again docketed and was duly argued and submitted at our October, 1937, term.

We herewith set out the facts as stated…