Bartow County v. Darnell

1. In an action for damages to private property instituted under Article I, Section III, Paragraph I, of the State Constitution, and Code § 95-1710, allegations showing the nature of the cause, describing the property damaged, and relating the manner in which the property was damaged in the construction of a designated State highway, are proper and necessary to set forth the plaintiffs’ case, hence are not subject to demurrer on the ground that they are irrelevant and immaterial to the cause alleged in the petition.

2. Averments that a fill was constructed adjacent to the plaintiffs’ fertile…