Hillside Cotton Mills v. Ellis
Court of Appeals of Georgia
Action for damages; from Troup superior court—Judge Terrell. January 15, 1918.
1Opinion of the CourtJenkins, J.
1. A public highway may be created in four ways: (1) by a legislative enactment; (2) by formal proceeding of the county authorities establishing it; (3) by prescription; (4) by dedication. Where dedication is relied on, it may be either express or implied. Where the dedication is implied, it must appear that the property has been in the exclusive control of the public for a period long enough to raise the presumption of a gift, and such presumption arises where there is proof of such use for a period of seven years, accompanied by evidence of such acquiescence on the part of the owner as…
2Cases cited8 opinions
- Healey v. City of AtlantaSupreme Court of Georgia · 1906
- Gainesville & Dahlonega Electric Railway Co. v. AustinSupreme Court of Georgia · 1905
- Johnson v. StateCourt of Appeals of Georgia · 1907
- Penick v. County of MorganSupreme Court of Georgia · 1908
- McCoy v. Central of Georgia Railway Co.Supreme Court of Georgia · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Union Transportation Co. v. Sacramento CountyCalifornia Supreme Court · 1954
- Dunaway v. WindsorSupreme Court of Georgia · 1944
- Edwards v. Andrews Bros.Court of Appeals of Georgia · 1920
- Lovell v. DrakeCourt of Appeals of Georgia · 1939
- Tidwell & Yarbrough Realty Co. v. FosterCourt of Appeals of Georgia · 1971
10 more not listed; retrieve them via the Exa API.