Miller v. Berryhill Nursery-Co.

This is an appeal on questions of law from a summary judgment entered for defendant holding that it is entitled to construct, maintain and use a certain driveway over lands owned by the plaintiffs in which they had conveyed to the state of Ohio a perpetual easement and right-of-way for public highway and road purposes. Both sides moved for summary judgment. Defendant’s motion was sustained, that of plaintiffs overruled.

State Route 4 is a limited-access highway running generally northeast and southwest. It crosses Twitchell Road, a public highway which runs approximately north and south.…