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UPTON v. STATE HIGHWAY DEPARTMENT

20232.

214 Ga. 593 (1958)

106 S.E.2d 21

UPTON v. STATE HIGHWAY DEPARTMENT et al.

Supreme Court of Georgia.

Decided November 7, 1958.

Rehearing Denied November 19, 1958.

Attorney(s) appearing for the Case

Holcomb & Grubbs, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, Ariel V. Conlin, Deputy Assistant Attorney-General, J. Douglas Henderson, Marson Dunaway, Hicks & Henderson, contra.

DUCKWORTH, Chief Justice.

1. The plaintiff in error having brought a petition in equity to enjoin a continuing trespass across his property by the State Highway Department, the question is not moot, even though it is admitted the road is completed and no further paving or macadamizing is necessary. Gainesville Midland R. Co. v. Tyner, 204 Ga. 535 (50 S.E.2d 108).

2. However, since it is admitted by all...

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