State Ex Rel. Phoenix Insurance Company v. Ritchie

Respectfully, I dissent. I would deny the relief sought in each of these mandamus proceedings on the ground that eminent domain is not a proper procedure by which the landowners in these cases may obtain a recovery of damages from the state road commission.

In my judgment, the Court in these cases, for the first time, is requiring the state road commissioner, (or the state commissioner of highways), to institute eminent domain proceedings in order to permit recovery for damages which have not been caused purposely or designedly and which, at most therefore, were caused negligently to property…