Gooch v. Elliott

Upon a consideration of the petition for a rehearing it is ordered that the opinion heretofore filed in this case be withdrawn, and that the following be substituted therefor:

Action for damages on account of the alleged unlawful entry and trespass upon the lands of the plaintiff, and removing thérefrom large quantities of top- soil.

It appears that the plaintiff owned a lot of land in the town of Blacksburg, adjacent'to a county highway that was under process of construction by the Cherokee County Highway Commission. In the former opinion the Court made the statement that the defendants were…