Dougherty County v. Pylant

Court of Appeals of Georgia

Dougherty County v. Pylant

115 S.E.2d 402, 101 Ga. App. 913, 1960 Ga. App. LEXIS 1042

CourtCourt of Appeals of Georgia

DecidedJune 28, 1960

Docket37899

StatusPublished

This text of 115 S.E.2d 402 (Dougherty County v. Pylant) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dougherty County v. Pylant, 115 S.E.2d 402, 101 Ga. App. 913, 1960 Ga. App. LEXIS 1042 (Ga. Ct. App. 1960).

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Opinion

Felton, Chief Judge.

The Supreme Court on certiorari reversed the judgment of this court in Dougherty County v. Pylant, 216 Ga. 102 (114 S. E. 2d 861) and directed that this court take such further action as necessary to give effect to the opinion of the Supreme Court. The Supreme Court ruled that the Highway Department is not liable for the damages sued for until the road has been formally opened for traffic controls and that this condition precedent was not alleged in the petition in this case. The judgment of the trial court overruling the demurrers to the petition, the ground of which is that the petition did not allege that the road had been formerly opened for traffic controls, is hereby reversed in compliance with the direction of the Supreme Court.

Judgment reversed.

Gardner, P. J., Townsend, Carlisle, Nichols, Bell and Frankum, JJ., concur.

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Felton, Chief Judge.

The Supreme Court on certiorari reversed the judgment of this court in Dougherty County v. Pylant, 216 Ga. 102 (114 S. E. 2d 861) and directed that this court take such further action as necessary to give effect to the opinion of the Supreme Court. The Supreme Court ruled that the Highway Department is not liable for the damages sued for until the road has been formally opened for traffic controls and that this condition precedent was not alleged in the petition in this case. The judgment of the trial court overruling the demurrers to the petition, the ground of which is that the petition did not allege that the road had been formerly opened for traffic controls, is hereby reversed in compliance with the direction of the Supreme Court.

Judgment reversed.

Gardner, P. J., Townsend, Carlisle, Nichols, Bell and Frankum, JJ., concur.

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Bluebook (online)

115 S.E.2d 402, 101 Ga. App. 913, 1960 Ga. App. LEXIS 1042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dougherty-county-v-pylant-gactapp-1960.

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