Merrill v. Blount County

MERRILL, Justice.

This appeal is from a judgment of non-suit induced by the sustaining of demurrers to Counts A and C of the amended complaint, and tire sustaining of objections to the introduction in evidence of the claim against Blount County filed by appellant with the governing body of the county.

The action was based upon alleged trespasses of employees of the county in widening a county road and damaging the property of the owner. Each count contained an averment that at all times the defendant was empowered to exercise the powers of eminent domain. The demurrer was overruled as to Count…