Prouty v. Clayton County

MOORE, Chief Justice.

This case arises from defendant County’s alleged failure to maintain a road, eight-tenths of a mile long, that runs adjacent to property owned and resided upon by plaintiffs. Trial court dismissed plaintiffs’ damage and mandamus action whereby they sought to compel county maintenance of the road. We reverse and remand for further proceedings.

On November 20, 1975, plaintiffs commenced the present action'in Clayton County District Court alleging that defendants, in contravention of their legal duties, had failed to maintain the road. Plaintiffs further alleged the condition…