Summerford v. Board of Com'rs.

OPINION OF THE COURT

WATSON, J.

This opinion will supplant those filed July 15, 1930 and October 27, 1930, which are withdrawn.

Margaret Summerford sued the four individuals and the three corporations named, alleging that the defendants, in contravention of the Constitution and statutory laws, constructed a viaduct “along Picacho Avenue in the town of Las Cruces and a part of the Las CrucesDeming state highway,” upon which plaintiff’s property abuts, cutting off ingress and egress, to her damage $10,-000, without having instituted and prosecuted to final judgment any condemnation proceedings to…