Wright v. Dover

Supreme Court of Georgia

Wright v. Dover

67 S.E.2d 112, 208 Ga. 400, 1951 Ga. LEXIS 370

CourtSupreme Court of Georgia

DecidedOctober 10, 1951

DocketNo. 17574

StatusPublished

This text of 67 S.E.2d 112 (Wright v. Dover) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wright v. Dover, 67 S.E.2d 112, 208 Ga. 400, 1951 Ga. LEXIS 370 (Ga. 1951).

Pincite

Opinion

Atkinson, Presiding Justice.

Giving a reasonable construction to the present resolution, designating certain roads that were to be paved, the language, “any changes shall 'be made only upon the written recommendation of a majority of the members of the. local sector committee concerned,” did not require the paving of the road in question exactly as if was, but on the contrary, allowed the Board of County Commissioners a discretion in eliminating dangerous curves. Compare Murph v. Macon County, 167 Ga. 859 (146 S. E. 845). A different ruling is not required by the decision in Marks v. Richmond County, 165 Ga. 316 (140 S. E. 880), where the relocation complained of amounted to the establishment of a new road and to a virtual abandonment of the old road. Accordingly, under the pleadings and evidence, the trial court did not err in refusing an injunction.

Judgment affirmed.

All the Justices concur. R. F. Duncan and W. L, Nix, for plaintiff. A. G. Liles and H. Rhodes Jordan, for-defendants.

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Atkinson, Presiding Justice.

Giving a reasonable construction to the present resolution, designating certain roads that were to be paved, the language, “any changes shall 'be made only upon the written recommendation of a majority of the members of the. local sector committee concerned,” did not require the paving of the road in question exactly as if was, but on the contrary, allowed the Board of County Commissioners a discretion in eliminating dangerous curves. Compare Murph v. Macon County, 167 Ga. 859 (146 S. E. 845). A different ruling is not required by the decision in Marks v. Richmond County, 165 Ga. 316 (140 S. E. 880), where the relocation complained of amounted to the establishment of a new road and to a virtual abandonment of the old road. Accordingly, under the pleadings and evidence, the trial court did not err in refusing an injunction.

Judgment affirmed.

All the Justices concur. R. F. Duncan and W. L, Nix, for plaintiff. A. G. Liles and H. Rhodes Jordan, for-defendants.

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Bluebook (online)

67 S.E.2d 112, 208 Ga. 400, 1951 Ga. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-dover-ga-1951.

Opinion

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