Legal Opinion
State Highway Department v. Barrett
Court of Appeals of Georgia
Decided October 26, 1971No. 46333PublishedCited by 10 opinions
1Opinion of the Court
Eberhardt, Judge.
1. The provisions of Code § 95-1505 do not authorize the bringing of a suit for damages against the State Highway Department, whether on the theory of negligence or of nuisance. Tounsel v. State Hwy. Dept., 180 Ga. 112 (178 SE 285).
2. Nor can the suit be maintained under the provisions of Code § 95-1619, which is a venue statute only. State Hwy. Dept. v. Southern R. Co., 215 Ga. 71 (108 SE2d 699).
3. A contrary result is not authorized by the holding in Town of Ft. Oglethorpe v. Phillips, 224 Ga. 834 (165 SE2d 141, 34 ALR3d 1002), which dealt with the liability of a…
2Cases cited4 opinions
- Town of Fort Oglethorpe v. PhillipsSupreme Court of Georgia · 1968
- Tounsel v. State Highway DepartmentSupreme Court of Georgia · 1935
- Born v. Fulton CountyCourt of Appeals of Georgia · 1935
- State Highway Department v. Southern Railway Co.Supreme Court of Georgia · 1959
3Cited by10 opinions
- Mayor &C. of Savannah v. PalmerioSupreme Court of Georgia · 1978
- Sheley v. Board of Public EducationCourt of Appeals of Georgia · 1974
- Coppedge v. Columbus, GeorgiaCourt of Appeals of Georgia · 1975
- Hutcheson v. City of JesupCourt of Appeals of Georgia · 1974
- National Distributing Co. v. Department of TransportationCourt of Appeals of Georgia · 1981
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