Whipple v. County of Houston

Duckworth, Chief Justice.

This four-count petition, together with the exhibits attached thereto and made a part thereof, is voluminous and consequently difficult to' evaluate without a simultaneous consideration of the statutory law embodied in Code (Ann.) Ch. 95-26 (Ga. L. 1955, pp. 124, 131). The real complaint of the petition is the construction of the road, by making a fill of a height of from 25 to 40 feet above the petitioners’ abutting land and -the damages resulting therefrom, together with an encroachment upon the petitioners’ land not embraced in the right-of-way. The petition does…