Mansfield v. Standard Oil Co.

Nichols, Judge.

The defendant admitted a prima facie case : ih the plaintiff and assumed the burden of proving its affirmative defense, to wit—that it could not obtain a permanent right of *395direct access to the main arteries of travel of the four-lane highway, located adjacent to the property leased, from the State and therefore under the above quoted provisions of the lease it was relieved from paying rent.

The evidence showed without dispute that application was made to the State for permission to construct driveways from the main arteries of travel of the highway to the site of the proposed…