Woodruff v. Bowers

1. The petition set forth a cause of action, and was not subject to general demurrer. It is to be treated as setting up a parol agreement by which the plaintiff obtained from the defendant a license to enter upon his land and lay out and open thereon a street for the use of the plaintiff and the public, and in the execution of this license incurred expense, whereby the license ripened into an easement running with the land, and irrevocable. In these circumstances the plaintiff was in no sense a trespasser. Sheffield v. Collier, 3 Ga. 82; Southwestern R. v. Mitchell, 69 Ga. 114 (2-c) ;…