State Highway Department v. Dayhoof

Court of Appeals of Georgia

State Highway Department v. Dayhoof

32 S.E.2d 860, 72 Ga. App. 34, 1945 Ga. App. LEXIS 478

CourtCourt of Appeals of Georgia

DecidedJanuary 18, 1945

Docket30697.

StatusPublished

Cited by2 cases

This text of 32 S.E.2d 860 (State Highway Department v. Dayhoof) 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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State Highway Department v. Dayhoof, 32 S.E.2d 860, 72 Ga. App. 34, 1945 Ga. App. LEXIS 478 (Ga. Ct. App. 1945).

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Opinion

Felton, J.

Where property is consequentially damaged by the State Highway Department by the building or grading of a state highway which has been taken over by the State Highway Department, the cause of action originates on the highway within the meaning of the language in the Code, § 95-1710, and the exclusive remedy on the part of one whose property is damaged in such manner is an action against the county in which the public construction causing the damage was done. It follows that an action directly against the State Highway Department will not lie. State Highway Board v. Hall, 193 Ga. 717 (20 S. E. 2d, 21); State Highway Board v. Perkerson, 185 Ga. 617 (196 S. E. 42). The court erred in overruling the general and special demurrers to the petition.

Judgment reversed.

Sutton, P. J., and Parker, J., concur.

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Felton, J.

Where property is consequentially damaged by the State Highway Department by the building or grading of a state highway which has been taken over by the State Highway Department, the cause of action originates on the highway within the meaning of the language in the Code, § 95-1710, and the exclusive remedy on the part of one whose property is damaged in such manner is an action against the county in which the public construction causing the damage was done. It follows that an action directly against the State Highway Department will not lie. State Highway Board v. Hall, 193 Ga. 717 (20 S. E. 2d, 21); State Highway Board v. Perkerson, 185 Ga. 617 (196 S. E. 42). The court erred in overruling the general and special demurrers to the petition.

Judgment reversed.

Sutton, P. J., and Parker, J., concur.

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Bluebook (online)

32 S.E.2d 860, 72 Ga. App. 34, 1945 Ga. App. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-department-v-dayhoof-gactapp-1945.

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