Masheter v. Diver

The primary question raised by these cases is: Where the Director of Highways, in a proceeding to appropriate land for purposes of widening a highway, files a Resolution and Finding to appropriate from the landowner a fee simple interest, and designates the interest sought *78as “all right, title and interest in fee simple,” without reservation or qualification, does such a taking include the right of ingress and egress to and from the landowner’s abutting property?

The appellants, at their respective trials, submitted the following special instructions to the jury which were given, over…