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JOHNSON v. CITY OF ATLANTA

43503.

117 Ga. App. 586 (1968)

161 S.E.2d 399

JOHNSON v. CITY OF ATLANTA.

Court of Appeals of Georgia.

Decided April 2, 1968.

Attorney(s) appearing for the Case

Miles B. Sams, for appellant.

Henry L. Bowden, Thomas F. Choyce, for appellee.

QUILLIAN, Judge.

The plaintiff protests the correctness of the judgment dismissing the petition. He insists that the petition sets forth a right to recover for damages to his house and furnishings on the compatible theories: (a) that the damage to his house is compensable under the provisions of Art. I, Sec. III, Par. I of the State Constitution embodied in Code Ann. § 2-301 that "private property shall not be taken, or damaged, for public purposes, without...

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