Hendrickson v. Department of Highways

Opinion of the Court by

Judge Dawson

Affirming.

This action was instituted, by the appellant against the appellee and Bell County for damages by reason of the alleged taking of private property for public use without just compensation. A demurrer to the petition filed by Bell County was sustained and no complaint of that action is made here.

The court below directed a verdict for appellee and this appeal followed.

The facts are undisputed. Appellant owns a tract of sixty-one acres of land in Bell County bordering on the Cumberland River. At the Southeast corner of this land there is a small tract…