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

CourtCourt of Appeals of Georgia

DecidedMarch 18, 1938

Docket26410

StatusPublished

This text of 196 S.E. 251 (Hardin v. State Highway Board) 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.

Bluebook

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

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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.

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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.

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196 S.E. 251, 57 Ga. App. 585, 1938 Ga. App. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardin-v-state-highway-board-gactapp-1938.

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