Black Mountain Corporation v. Houston

.¡Opinion of the Court by

Jud.ge Dietzman

Be-versing.

In the spring and summer of 1918, the county of Harlan procured a right of way for a county road between Evarts and the mines of the appellant, the Black Mountain Corporation. Where the road abutted on the property of James Houston the right of way was deeded to the county by him and his wife, Helen Houston, the appellee herein. By some arrangement between the appellant and Harlan county, which does not appear in this record, the former constructed a turnpike road over this right of way. In constructing the road over that part of the right of…