Kucera v. State Highway Commission

The opinion of the court was delivered by

Hutchison, J.:

This was an action for damages against the state highway commission upon its contract with the owner of land in Hamilton county where the commission moved the highway from one part of plaintiff’s land to another part thereof near by.

The contract provided for the making of a deed by the landowner to the commission of the land to be used for the newly located highway, and as compensation therefor the commission agreed to pay stipulated amounts for the land, for moving fences and other expenses and also “agrees to the deeding back…