Lumpkin v. State Highway Department

While I agree that the judgment of the trial court must be reversed and that generally the appellate courts will not overrule prior decisions when the case may be otherwise correctly decided, yet where as in a ease like the one sub judice there is a point of law, which will be at issue in many cases before the trial courts, then the question of whether prior decisions should be overruled ought to be squarely faced.

Headnote 2 of the decision in State Highway Dept. v. Ford, 112 Ga. App. 270, supra, holds that under § 2 of the Act of 1955 (Ga. L. 1955 pp. 559, 560; Code Ann. § 95-1701a), no…