Root v. State

This is an appeal from a judgment of condemnation of certain of appellants’ land for the improvement of a state highway. The land sought to be condemned was at the proposed intersection of two state highways and at such intersection it was proposed to construct a viaduct or bridge to carry one highway over the other, so that said highways would not cross each other at grade. At the trial below, and upon appeal, the objection is urged that “the appellee, by and through its State Highway Commission, had no power, authority or jurisdiction to condemn appellants’ property in order to construct a…