Hardy v. Simpson

Fox, Judge:

Bessie Hardy, the owner of real estate in the City of Bluefield and William F. Deitz, the owner of a mortgage or lien thereon, seek, by writ of mandamus, to compel the defendant, as State Road Commissioner, to institute' condemnation proceedings to ascertain the amount of damages to said property, occasioned by the construction, maintenance and use of a primary state highway on which the property of the said Hardy abuts. No part of the property involved is actually taken, but it is alleged that the same is damaged by reason of a change in the grade of the street, rendering access…