McCommons v. Greene County

Mrs. McCommons sued Greene County for damages to her land resulting from the construction of a highway along a part of the land. She alleged that the county had built a high embankment which acted as a dam preventing the drainage of surface water from the land and forming a basin or pond on the most *172fertile part of the land which was rendered unfit for cultivation, etc.

The defendant denied the material allegations as to liability, and set up a special defense in that the plaintiff had made a deed to the highway board of a right of way, which deed contained a release in these terms: “And for…