#### E. F. Motsinger, county superintendent of highways, appellee, v. James H. Chenoweth and Quinton D. Baily, appellants.

Gen. No. 7,620.

Proceeding begun by superintendent of highways under Road & Bridge Act to assess damages for property taken and damaged for a public and private road. Judgment for $400. Appeal from the Circuit Court of Fulton county; the Hon. Willis F. Graham, Judge, presiding. Heard in this court at the June term, 1922.

Reversed and cause remanded with directions.

Opinion filed July 10, 1923.

*639Harvey H. Atherton and Glenn Ratcliff, for appellants. Elzie L. Weber and Chiperfield & Chiperfield, for appellee.

Mr. Justice Niehaus

delivered the opinion of the court.