#### W. L. GREEN v. GOOD ROADS COMMISSION OF WATAUGA COUNTY.

(Filed 20 December, 1922.)

Appeal and Error — Fragmentary Appeal — Roads and Highways — Road Commission.

An appeal to the Supreme Court in an action to recover damages from a county road commission for injury to land in laying out a highway will be dismissed as premature when it appears that in the orderly procedure in such matters the commission has not reached the stage for the assessment of damages, and has not assessed them, and the appeal is properly dismissed in the Superior Court.’

Appeal by plaintiff from Bryson, J., at March Term, 1922, of Watauga.

W. G. Newland for plaintiff.

Linney & Coffey for defendant.

Pee OueiaM.

This case proceeded very irregularly before the road commission, and also in the court below, and in the state of the pleadings there was nothing for the judge to do but dismiss the appeal as he did. The case was not ripe for an appeal, as, judging from the complaint filed by the plaintiff and the other proceedings, the plaintiff was *637seeking to recover tbe sum of $1,500 as damages for injury to bis land by laying out tbe road tbereon. It does not appear that tbe commission or local authorities have as yet reached tbe stage of tbe proceedings for tbe assessment of damages, or for ascertaining tbe amount of tbe plaintiff’s compensation for taking bis land, or for any injury thereto, and as tbe plaintiff seems to be seeking compensation, be should wait until tbe time comes for fixing it, of which be should have, and we presume will have, due notice.

Tbe order dismissing tbe appeal is affirmed, and tbe cause will be remanded without prejudice to tbe good roads commission, for such other and further proceedings therein as may be proper in tbe premises and according to law.

Affirmed.