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ESTES v. STATE HIGHWAY DEPARTMENT

38654.

103 Ga. App. 406 (1961)

119 S.E.2d 136

ESTES v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Rehearing Denied March 23, 1961.

Attorney(s) appearing for the Case

William B. Jones, for plaintiff in error.

Eugene Cook, Attorney-General, Carter Goode, Paul Miller, Assistant Attorneys-General, contra.

NICHOLS, Judge.

The plaintiff's petition is silent as to whether the road being constructed by, or at the direction of, the State Highway Department was a "state-aid" road. If the road was a "state-aid" road, since the plaintiff's alleged damages arose out of the construction of said road, the petition was fatally defective under the decisions of the Supreme Court in the cases of State Highway Dept. v. McClain, 216 Ga. 1 (

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