Jenkins County v. Dickey
Supreme Court of Georgia
Equitable petition. Before Judge' Bawlings. Jenkins superior court. December 9, 1911. Benjamin Dickey brought his petition against Jenkins County, and alleged: that,'in order to allow a certain public road to be somewhat straightened, he had agreed to permit the road-working gang to run the road for a distance through his field, provided the county would build for him on either side of the road for the extent of his field a woven-wire fence, complying in all respects with…
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Equitable petition. Before Judge' Bawlings. Jenkins superior court. December 9, 1911. Benjamin Dickey brought his petition against Jenkins County, and alleged: that,'in order to allow a certain public road to be somewhat straightened, he had agreed to permit the road-working gang to run the road for a distance through his field, provided the county would build for him on either side of the road for the extent of his field a woven-wire fence, complying in all respects with the specifications of a lawful fence, and provided the county would at once erect a gate at each end of the field where…
1Opinion of the CourtBeck, J.
1. Where authorities having charge of the roads of the county accepted a conditional dedication of a strip of land to be used in laying out a public road, and actually laid out a public road, over the same, they will not be permitted to repudiate their contract with the dedicator by refusing to .discharge certain obligations undertaken by them in accepting the dedication, to the injury of the dedicator. If the conditions imposed intolerable burdens upon the public use to which the land dedicated was to be appropriated, the dedication should have been rejected entirely. The contract between…
2Cited by3 opinions
- City of Macon v. Georgia Power Co.Supreme Court of Georgia · 1930
- Georgia Railway & Electric Co. v. Town of DecaturCourt of Appeals of Georgia · 1923
- City of Atlanta v. AkersSupreme Court of Georgia · 1916