Trump v. State Road Commission

Kenna, Judge :

F. O. Trump brought an action of trespass on the case in the Circuit Court of Jefferson County against the State Road Commission, alleging damages resulting from the alteration of the grade of a state road. A demurrer to his declaration was sustained, and the following questions of law arising thereon were certified to this Court:

First: Can the State Road Commission of West Virginia be sued upon the grounds set forth in the declaration herein?

Second: Do section 1, article 2, and sections 5 and 6, article 4, chapter 40, 1933 First Extraordinary Session, authorize a suit against…