Mississippi State Highway Commission v. Rhymes

Appellee, T. C. Rhymes, filed suit against the Mississippi State Highway Commission, appellant, for dam*579ages sustained by appellee as the result of the closing of an alley. Prom a judgment in a former trial awarding appellee damages, the Mississippi State Highway Commission appealed and this Court reversed because of a variance between the pleadings and the proof as to the items of damage. Miss. State Highway Commission v. Rhymes, 248 Miss. 468, 160 So. 2d 197 (1964). In that case the Court held that appellee was entitled to only nominal damages for the loss of access due to the closing of the…