Payne v. State Highway Commission

The opinion of the court was delivered by

Sloan, J.:

This was an action to recover damages from the state highway commission. The petition alleges the jurisdictional facts and recites the statutory provisions relating to the designation and construction of highways. It is then alleged:

“That prior to the accident complained of herein said defendant had designated a state highway over and across plaintiff's land, and created, in so far as the liability of the defendant was concerned, a state highway thereon, but had never acquired title thereto from said plaintiff or received permission from the…