Legal Opinion
State Highway Board v. Baxter
Supreme Court of Georgia
Decided September 19, 1928No. 6518PublishedCited by 37 opinions
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
A statement of the law governing the rights of the owners of lands abutting upon a highway is essential to the proper decision of this case. Such owners have two separate and distinct kinds of rights in a highway. One is a public right to use and enjoy the highway in common with all other members of the public. The other class of their rights arises from their ownership of property contiguous to the highway, which do not belong to the public generally. These rights exist regardless of whether the fee of the highway is in such owners or not. These rights…
2Cases cited20 opinions
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
- Newton v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Iowa State Highway Commission v. SmithSupreme Court of Iowa · 1957
- Metropolitan Atlanta Rapid Transit Authority v. DatrySupreme Court of Georgia · 1975
- Barham v. GrantSupreme Court of Georgia · 1938
- Department of Transportation v. WhiteheadSupreme Court of Georgia · 1984
- Dougherty County v. HornsbySupreme Court of Georgia · 1957
32 more not listed; retrieve them via the Exa API.