Georgia Court of Appeals, 1938

Hardin v. State Highway Board

Hardin v. State Highway Board
Georgia Court of Appeals · Decided March 18, 1938 · Sutton
57 Ga. App. 585; 196 S.E. 251; 1938 Ga. App. LEXIS 341

Hardin v. State Highway Board

Opinion of the Court

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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