State Highway Commission v. Brixey

The learned trial court approved the verdict of a jury in this cause allowing recovery in the sum of $500, on account of consequential damages resulting to land from the construction of a state highway adjacent to the land.

The State Highway Commission, in road construction, excavated a cut ten feet deep in front of the Brixey place. The Brixeys owned a farm in Lincoln county and operated a country store and filling station thereon and derived a substantial profit therefrom prior to the construction of the road, the excavation of which obstructed the approach of patrons as well as the ingress…