Hardin v. State Highway Board

Court of Appeals of Georgia

Hardin v. State Highway Board

196 S.E. 251, 57 Ga. App. 585, 1938 Ga. App. LEXIS 341

Court of Appeals of Georgia·Decided March 18, 1938·No. 26410·Published

Opinion

Sutton, J.

“An action can not be brought directly and primarily against the State Highway Department for damages on account of unlawful appropriation of private property for construction of a road taken over by the State Highway Department under the State-aid system.” Hardin v. State Highway Board, 185 Ga. 614 (196 S. E. 40). Accordingly, the court properly sustained the demurrer to the plaintiff’s petition.

Judgment affirmed.

Stephens, P. J., and Felton, J., coneur.

Free access — add to your briefcase to read the full text and ask questions with AI

Sutton, J.

“An action can not be brought directly and primarily against the State Highway Department for damages on account of unlawful appropriation of private property for construction of a road taken over by the State Highway Department under the State-aid system.” Hardin v. State Highway Board, 185 Ga. 614 (196 S. E. 40). Accordingly, the court properly sustained the demurrer to the plaintiff’s petition.

Judgment affirmed.

Stephens, P. J., and Felton, J., coneur.

Hardin v. State Highway Board, 196 S.E. 251, 57 Ga. App. 585, 1938 Ga. App. LEXIS 341 (Ga. Ct. App. 1938).

Pincite

196 S.E. 251 (Hardin v. State Highway Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.