"The presence of a single compensable injury ... should not be made the basis for a recovery of the total depreciation in value of a landowner's property where it appears that much of the depreciation is attributable to legally noncom-pensable factors."
How later courts described this case
- "The presence of a single compensable injury ... should not be made the basis for a recovery of the total depreciation in value of a landowner's property where it appears that much of the depreciation is attributable to legally noncom-pensable factors."
- "A specific provision relating to a particular subject will govern in respect to that subject, as against a general provision, although the latter, standing alone, would be broad enough to include the subject to which the more particular provision relates."
- "Immunity from suit cannot avail in this instance, and, if no statute exists, liability still exists, because as to this provision the Constitutions are self-executing."
- “[A] right constitutionally granted cannot be taken away by the failure of the legislature to act.”
Written by the judges who cited it.
The opinion
HOUSER, J.,
Concurring. — I concur in the judgment of affirmance, but I do not agree with that portion of the majority opinion which holds that damage suffered as the result of diversion of travel is not compensable.