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MIDLAND PROPERTIES COMPANY v. KENNEDY

37664, 37665, 37666, 37667.

100 Ga. App. 37 (1959)

110 S.E.2d 120

MIDLAND PROPERTIES COMPANY v. KENNEDY. SAVANNAH & ATLANTA RAILWAY COMPANY v. KENNEDY. MAYOR & ALDERMEN OF SAVANNAH v. KENNEDY. SAVANNAH ELECTRIC & POWER COMPANY v. KENNEDY.

Court of Appeals of Georgia.

Rehearing Denied July 17, 1959.

Attorney(s) appearing for the Case

Hitch, Miller & Beckmann, Robert M. Hitch, John E. Simpson, for Midland Properties Co. and Savannah & Atlanta Ry. Co.

Oliver, Davis & Maner, Edwin Maner, Jr., for Mayor &c. of Savannah.

Bouhan, Lawrence, Williams, Levy & McAlpin, for Savannah Electric &c. Co.

Allyn M. Wallace, Aaron Kravitch, Phyllis Kravitch, contra.

NICHOLS, Judge.

1. All but one question presented in the writs of error in the cases sub judice are controlled adversely to the defendants by the decision in Midland Properties Co. v. Farmer, ante, and only this one question which is not so controlled will be dealt with hereinafter.

2. The defendant Savannah Electric & Power Company demurred to a part of paragraph 1 of count 3 of the petition. This

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