JAMES v. STATE

No. 9509.

397 P.2d 766 (1964)

Herb JAMES, and Mrs. Herb James, Plaintiffs-Appellants, v. STATE of Idaho, a commonwealth acting by and through the IDAHO BOARD OF HIGHWAY DIRECTORS, Defendant-Respondent.

Supreme Court of Idaho.

December 22, 1964.


Attorney(s) appearing for the Case

Thomas A. Mitchell, Coeur d'Alene, for appellants.

Faber F. Tway, Chief Legal Counsel, Anton Hohler, Jack C. Riddelmoser, Dept. of Highways, Boise, for respondent.


McFADDEN, Justice.

Mr. and Mrs. Herb James, as plaintiffs (appellants herein) instituted this action to recover damages for alleged deprivation of access to their business property. Subsequent to the filing of this action, Mr. James passed away; by stipulation his widow, the administratrix of his estate, has been substituted as a plaintiff.

Appellants by their complaint seek $40,000 damages for loss of value to their...

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