City of Statesboro v. Dorman

Jenkins, Chief Justice.

1. “Every thoroughfare which is used by the public and is common to all the public, and which the public has a right to use, is a highway.” Southern Railway Co. v. Combs, 124 Ga. 1004 (1) (53 S. E. 508); Hines v. Wilson, 25 Ga. App. 63 (2) (102 S. E. 646).

2. “A municipal corporation is without power to vacate a public thoroughfare, unless authority so to do be conferred upon it in express, terms or by necessary implication.” Coker v. Atlanta, Knoxville & Northern Ry. Co., 123 Ga. 483 (1) (51 S. E. 481).

3. “If the strip of land in controversy was in fact a public alley…