Bickel v. Indiana Toll Road Commission

PARKINSON, District Judge.

This is an action in damages for obstruction of a right-of-way which deprived the plaintiff of ingress and egress to his land.

By agreement of the parties, the cause was submitted to the court on the question of liability, if any, the question of damages to be submitted to a jury in the event the court found the defendant liable.

Under the undisputed evidence the plaintiff had a right-of-way to his land and the defendant, by the construction of its toll road, severed his only means of ingress and egress. As to whether that right-of-way was a public highway, as declared…