Estes v. State Highway Department

Nichols, Judge.

The plaintiff’s petition is silent as to whether the road being constructed by, or at the direction of, the State Highway Department was a “state-aid” road. If the road was a “state-aid” road, since the plaintiff’s alleged damages arose out of the construction of said road, the petition was fatally defective under the decisions of the Supreme Court in the cases of State Highway Dept. v. McClain, 216 Ga. 1 (114 S. E. 2d 125); and Dougherty County v. Edge, 216 Ga. 100 (114 S. E. 2d 862), and cases cited, because the action must be brought against the county after the road is…