Morgan v. Etheridge

This is the third appearance of this case before this court. On July 30, 1929, Morgan and others filed a petition against Shirley as ordinary (and as such official in charge of the public roads of Milton County), for a mandamus to compel him to build a bridge across Big Creek. Upon the trial of the case a jury found for the petitioners; and the ordinary, by bill of exceptions, brought the case to this court for review. A majority of the court reversed this judgment upon the ground that the evidence was not sufficient to establish an implied dedication of all the land through which the highway…