Commonwealth ex rel. Keck v. Shouse

CAMMACK, Chief Justice.

This is an appeal from a judgment dismissing the Commonwealth's petition after a demurrer had been sustained thereto in an action against an adjoining property owner for cutting trees on a highway right of way. The Commonwealth contends that the petition stated a cause of action. We concur in this view.

The land on which the trees were cut was acquired by the Commonwealth for the purpose of constructing Highway 60 through Union County. The deed provided that the land should revert to the grantors in case it ceased to be used as a highway. Subsequent to the construction…