Anderson v. State Highway Commission of Kentucky

Opinion of the Court by

Judge Dietzman

— Reversing.

A special demurrer having been sustained to the petition of the appellants and they having declined to plead further, the court dismissed that petition and this appeal results.

The appellants in their petition, after alleging that they were the owners of a described tract of land, averred that the appellees, composing the state highway commission of Kentucky, after having acquired a right of way through the lands owned by appellants, constructed a highway on that right of way and, in so doing, diverted the waters of Truman creek from its natural…