RHODES v. PERLIS

33334, 33335.

83 Ga. App. 312 (1951)

63 S.E.2d 457

RHODES v. PERLIS (two cases).

Court of Appeals of Georgia.

Decided January 27, 1951.


Attorney(s) appearing for the Case

Benjamin Zeesman, for plaintiffs.

Haas & Hurt, Charles D. Hurt, Rex T. Reeves, Wright & Reddick, for defendant.


FELTON, J.

In the absence of an allegation to the contrary, the petition will be construed against the pleaders as alleging that the sidewalk abutting the defendant's store building was a public sidewalk. In such case the sidewalk is subject to an easement in favor of the public for the use of the sidewalk, even if ownership of the fee to the sidewalk is in the abutting property owner. Hanbury v. Woodward Lumber Co., 98 Ga. 54 (26 S. E. 477); Harrold...

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