Legal Opinion
State Highway Department v. MacDougald Construction Co.
Court of Appeals of Georgia
Decided September 26, 1936No. 25552PublishedCited by 14 opinions
1Opinion of the CourtJenkins, P. J.
Although under the Code, § 95-1505, authorizing the State Highway Department to “sue and be sued,” it can not be sued in an action ex delicto for negligence by one of its engineers (Tounsel v. State Highway Dept., 180 Ga. 112, 178 S. E. 285; 50 Ga. App. 520, 179 S. E. 167), it is amenable to an action ex contractu for money had and received, belonging to any person entitled to its return, who paid it in making a bid for *311the construction of a State highway. See generally, as to the liability of the highway department to suit alone, or jointly with, or after voucher of, a county: Perkerson v.…
2Cases cited11 opinions
- Tounsel v. State Highway DepartmentSupreme Court of Georgia · 1935
- Prior v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1913
- Lincoln County v. GazzawayCourt of Appeals of Georgia · 1931
- Felton Farm Co. v. Macon CountyCourt of Appeals of Georgia · 1934
- State Highway Board v. WardCourt of Appeals of Georgia · 1930
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Peerless Casualty Company v. Housing Authority of the City of Hazelhurst, GeorgiaCourt of Appeals for the Fifth Circuit · 1955
- State Highway Department v. W. L. Cobb Construction Co.Court of Appeals of Georgia · 1965
- Sparks v. StateCourt of Appeals of Georgia · 1998
- State Highway Board of Georgia v. HallSupreme Court of Georgia · 1942
- Amwest Surety Insurance v. Ra-Lin & Associates, Inc.Court of Appeals of Georgia · 1995
9 more not listed; retrieve them via the Exa API.