Murray County v. Wood

Decision Date23 April 1914
Docket Number(No. 282.)
PartiesMURRAY COUNTY. v. WOOD.
CourtGeorgia Supreme Court

(Syllabus by the Court.)

Eminent Domain (§ 293*)—Land Taken for Public Use—Action by Landowner—Petition.

The trial court did not err in overruling a general demurrer to a petition in a suit for damages brought against a county, in which the petitioner alleged that he was the owner of certain land situated within the county, and that the commissioners of roads and revenues thereof had taken his land for public use, without his consent, by cutting a public road through it, felling and destroying timber, and separating by the road a strip of land of described shape from the rest of the tract, thereby depreciating the value of the strip in a given amount. The suit was brought within 12 months from the time the claim for such damages arose. Adkins v. Crawford County, 135 Ga. 679, 70 S. E. 335; Dement v. De Kalb County, 97 Ga. 733, 25 S. E. 382.

[Ed. Note.—For other cases, see Eminent Domain, Cent. Dig. §§ 797-802; Dec. Dig. § 293.*]

Error from Superior Court, Murray County; A. W. Fite, Judge.

Action by J. L. Wood against Murray County. Judgment for plaintiff, and defendant brings error. Affirmed.

C. N. King and W. W. Sampler, both of Spring Place, for plaintiff in error.

H. H. Anderson, of Spring Place, and Maddox, Mc-Camy & Shumate, of Dalton, for defendant in error.

FISH, C. J. Judgment affirmed. All the Justices concur, except ATKINSON, J., absent.

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2 cases
  • Maloy v. Dixon
    • United States
    • United States Court of Appeals (Georgia)
    • September 6, 1972
    .......         In Wood v. Wilson, 145 Ga. 256(4), 88 S.E. 980 the court simply held that evidence was admissible to show ...454(1), 122 S.E.2d 136; Beecher v. Farley, 104 Ga.App. 785(1), 123 S.E.2d 184; Murray v. Woods, 106 Ga.App. 267, 126 S.E.2d 828; Stynchcombe v. Gooding Amusement Co., 110 Ga.App. 864, ......
  • Murray v. Woods
    • United States
    • United States Court of Appeals (Georgia)
    • June 18, 1962

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