Mallory v. Morgan County
Supreme Court of Georgia
. Appeal. Before Judge Lewis. Morgan superior court. June 19, 1907. The commissioners of roads and revenues of Morgan county gave notice to Mallory and the Bank of Madison, which was alleged to hold a security deed to the property involved, for the purpose of condemning a strip of land about 35 feet wide by 600 feet long, extending through the land of Mallory, for a roadway “around the hill upon which the former home of said Mallory is built.”
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. Appeal. Before Judge Lewis. Morgan superior court. June 19, 1907. The commissioners of roads and revenues of Morgan county gave notice to Mallory and the Bank of Madison, which was alleged to hold a security deed to the property involved, for the purpose of condemning a strip of land about 35 feet wide by 600 feet long, extending through the land of Mallory, for a roadway “around the hill upon which the former home of said Mallory is built.” The proceeding was commenced under the Civil Code, §4657 et seq. Assessors were duly named, and awarded in favor of the applicant the sum of $20 for…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The controlling question in this case is whether the judge erred in laying down the rule to guide the'jury in measuring the damages of the landowner. The road involved in the controversy formerly ran near the house and improvements upon the land. It would seem, from what appears in the record, that the commissioners of roads and revenues determined to alter the road, so that it would *272pass around the hill, leaving the residence located on the plaintiff’s land some distance away. In doing this they required a right of way extending through the same general…
2Cases cited11 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- Millwood v. DeKalb CountySupreme Court of Georgia · 1899
- Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
- Barfield v. Macon CountySupreme Court of Georgia · 1899
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3Cited by2 opinions
- Atkinson v. KreisSupreme Court of Georgia · 1913
- Gilpin v. State Highway BoardCourt of Appeals of Georgia · 1929