Cameron v. Barton

CLAY, Commissioner.

In this suit appellant sought to enjoin the State Highway Department from using a passway over her property for the movement of vehicles, trucks and equipment. The Chancellor dismissed the petition.

In 1931 appellant purchased a lot facing on North Street in the City of Carlisle. In 1950 the State Highway Department purchased a two acre tract behind this lot for the purpose of building a highway garage. In carrying on its operations the Highway Department used a passway over appellant’s property.

A passway right, for the benefit of the Highway Department’s lot, was created by…