Kline v. Department of Public Works

This is an action to enjoin defendants from entering upon and constructing a highway across plaintiff’s land, and to cancel certain waivers of damages signed by plaintiff. The trial court gave judgment for defendants,' and plaintiff has appealed.

On oral argument in this court it was admitted that since the trial below the highway has - been constructed across plaintiff's land, and the only question for determination in this court is the right of plaintiff to a cancela*588tion of the waivers, so that he may maintain an action for damages.

This is an action in equity, and, on appeal, this court is…