State Highway Department v. Southern Railway Co.

Mobley, Justice.

Southern Railway Company brought its petition against the State Highway Department of Georgia and against John E. Quillian, George L. Mathews, and Roy F. Chalker, as members of the State Highway Board, in the Superior Court of Hall County, the county of residence of Quillian, praying that they be temporarily and permanently enjoined from trespassing upon described property of the plaintiff in Cobb County. The State Highway Department of Georgia filed its plea to the jurisdiction, contending that, under the provisions of Code § 95-1619, the action would lie only against the…