Tate v. State Highway Commission

This is an action for damages brought on account of the appropriation of certain land, in respect to which plaintiff was a tenant at will, by the State Highway Commission, for a publiehighway. There was a verdict and judgment in favor of plaintiff in the sum of $500 and defendant has appealed..

The sole point raised by the defendant is that the petition ■ fails to state^a cause of action. There was no demurred to the petition in the trial court, but of course, the point that the petition • does not state a cause of action may be raised at any time. [Strauss v. St. Louis Transit Co., 102 Mo.…