Mahone v. State Road Commission

Hatcher, Judge:

This is a certified case from the Circuit Court of Wayne County. The declaration consists of four counts. The first count charges that the State Road Commission of West Virginia, a corporation, the County Court of Wayne County, a corporation, and C. E. Price were engaged in the construction of a “ certain public highway, ’ ’ commonly known as the Tug River Highway in said county “at or hear” a parcel of land owned by the plaintiff; that it was the duty of the defendants to provide the land of the plaintiff with lateral support; that they entered upon a.“ certain disused or…