ELBERTON &c. CO. v. STATE HIGHWAY DEPT.

19007.

211 Ga. 838 (1955)

89 S.E.2d 645

ELBERTON SOUTHERN RAILWAY COMPANY v. STATE HIGHWAY DEPARTMENT OF GEORGIA.

Supreme Court of Georgia.

Decided September 13, 1955.

Rehearing Denied October 13, 1955.


Attorney(s) appearing for the Case

R. F. Schuder, Wheeler, Robinson & Thurmond, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, Andrew J. Tuten, Assistant Attorneys-General, Lamar N. Smith, contra.


HAWKINS, Justice.

1. While the State Highway Department can exercise no power except that granted (Irwin v. Crawford, 210 Ga. 222, 78 S.E.2d 609; Georgia Power Co. v. Georgia Public Service Commission, 211 Ga. 223 (2), 85 S.E.2d 14), by Code (Ann. Supp.) § 95-1504 it is provided that the Highway Department...

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