Barass v. Ohio County

Opinion op the Court by

Stanley, Commissioner

Affirming.

A demurrer to appellant’s petition as amended was sustained and it was dismissed. We state its substance.

Ohio county had for many years owned and maintained a road on a levee or elevation for a mile or more across the Rough River bottoms near Hartford. It ran through or was contiguous to land of the appellant, E. G. Barass, much of which was subject to overflow. In 1920 the road was designated as state project No. 11, known as the Owensboro and Bowling Green Highway. In 1924, at the instance of Ohio County, and pursuant to section 4356t-7…