CLAYTON COUNTY v. BILLUPS &c. PETROLEUM CO.

39149, 39150.

104 Ga. App. 778 (1961)

123 S.E.2d 187

CLAYTON COUNTY v. BILLUPS EASTERN PETROLEUM COMPANY (two cases).

Court of Appeals of Georgia.

Decided November 15, 1961.


Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Carter Goode, E. J. Summerour, Assistant Attorneys-General, John R. McCannon, for plaintiff in error.

Philip H. Alston, Jr., Wm. B. Spann, Jr., Alston, Sibley, Miller, Spann & Shackelford, James E. Thomas, John L. Watson, Kemp & Watson, contra.


BELL, Judge.

The sole question here is whether a cause of action is stated for damage to property by a petition alleging facts sufficient to authorize a jury to find substantial impairment of an owner's right of ingress and egress directly to and from the highway where, as in this case, the highway is converted from an unlimited to a limited access road and there is provided at the time of the change a service road by which the plaintiff's property can be reached...

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