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WHEELER v. JONES COUNTY

38092.

101 Ga. App. 234 (1960)

113 S.E.2d 238

WHEELER v. JONES COUNTY et al.

Court of Appeals of Georgia.

Rehearing Denied February 16, 1960.

Attorney(s) appearing for the Case

Bloch, Hall, Groover & Hawkins, J. Pierce Anderson, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, George L. Jackson, Donald E. Payton, contra.

TOWNSEND, Judge.

1. The deed from the plaintiff to the State Highway Department contained the following provision: "I do further grant the right to all necessary drainage in the construction and maintenance of said road constructed over the said right-of-way and on my lands adjacent thereto, and also release said county and State Highway Department from any claim of damage arising on account of construction of said roads or fills and embankments, ditches or culverts...

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