O'Brien v. Board of Commissioners

Litz, President:

The ruling of the circuit court, sustaining an amended declaration, on demurrer, has been certified to this Court for review under Code (1931) 58-5-2.

The action was brought by an abutting land owner to recover judgment against defendant, Board of Commissioners of Ohio County, for damage resulting to his property by removal of lateral support, in the improvement of the National or Cumberland Road, by the State Road Commission. The consideration of the ground of demurrer, that the defendant is not liable for the damages claimed, involves a brief history of the National or…