Fountain v. Bryan

Jordan, Justice.

Bryan sought mandamus to compel the County Commissioners of Peach County to maintain "Roads End Farm Road” which Fountain, the individual defendant, contended is a private road located on his land. The issue of whether the road is a public or private road was submitted to a jury, all parties stipulating that this was the controlling issue of fact, and the jury found for the plaintiff, and the trial judge granted mandamus absolute. Fountain moved for a new trial, and appeals the overruling of his motion as amended. Held:

1. The trial judge did not err in admitting a plat of the…