Carter County v. Street

This suit involves the liability of Carter County (1) for failure to construct underpasses for cattle .according to the report of a jury of view in a former proceeding and (2) for additional land taken, it is claimed, hy the sliding of fills and cuts beyond the limits of the condemned right of way. The case comes to this court on the appeal of Carter County from a judgment based upon a jury verdict for $1,200.

To understand the County’s insistence that the plaintiff is concluded as to both items of damages by the judgment rendered in the condemnation proceeding and by his deed of September 30,…