Murray County v. Wilson
Cases that cite this one
2 later published cases cite this decision.
- Poole v. Elberton & Eastern Railway Co. (Ga. Ct. App. 1917)
- Hutchens v. Seaboard Air-Line Railway (Ga. 1915)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. An owner of land who petitions the county authorities to lay out a new road, agreeing to give through her land “the right of way for said road as it may be laid out by the reviewers, without cost” to the county, can not afterwards recover in an action against the county for damages for the running of the road through her property.
Z. A written agreement as indicated in the preceding note can not be varied by oral testimony that the plaintiff signed the agreement because she was told the road would be run on a route different from that actually laid out. Southern Bell Telephone &c. Co. v. Harris, 117 Ga. 1001 (44 S. E. 885); Burch v. Augusta &c. Railroad Co., 80 Ga. 296 (4 S. E. 850); Lee v. Savannah &cc. Railroad Co., 115 Ga. 64 (41 S. E. 246).
3. There was no error in overruling the demurrer.
4. It was error to refuse a new trial.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.