Legal Opinion

Hines v. Wilson

Court of Appeals of Georgia

Decided March 11, 1920No. 10889PublishedCited by 2 opinions

Action for damages; from Henry superior court — Judge Searcy. August 2, 1919. Application for certiorari was denied by the Supreme Court.

1Opinion of the CourtSmith, J.

• 1. The petition as amended was good as against both the general and special demurrers, and the court did not err in overruling the same.

2. “ Every thoroughfare which is used by the public and is common to all the public, and which the public has the right to use, is a highway.” Southern Ry. Co. v. Combs, 124 Ga. 1004 (53 S. E. 508).

3. “ A highway may have its origin in a .legislative act, or in the order of a court of competent jurisdiction, or may come into existence by dedi-. cation or by prescription.” Southern Ry. Co. v. Combs, supra.

4. “ While in some particulars certain excerpts from…

2Cases cited4 opinions

  1. Southern Railway Co. v. CombsSupreme Court of Georgia · 1906
  2. Central of Georgia Railway Co. v. MooreSupreme Court of Georgia · 1919
  3. Central of Georgia Railway Co. v. MooreCourt of Appeals of Georgia · 1920
  4. Ferguson v. WescottSupreme Court of Georgia · 1916

3Cited by2 opinions

  1. McGregor v. StateCourt of Appeals of Georgia · 1954
  2. City of Statesboro v. DormanSupreme Court of Georgia · 1947

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