State Highway Department v. Blalock

Carlisle, Judge.

1. This court is cognizant of the application of the rule of stare decisis in that a later decision of the Supreme Court rendered by less than a full bench is not a binding precedent when in conflict with a prior full bench decision rendered by that court. Code § 6-1611. Nevertheless, where the Supreme Court, in the later case involving the identical point of law as involved in a case now before this court, in a decision reviewing prior authorities, either dis*631tinguished such authorities or expressly held that contrary rulings therein were obiter dictum, this court is bound by…