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STATE HIGHWAY DEPARTMENT v. BARRETT

46333.

124 Ga. App. 703 (1971)

185 S.E.2d 624

STATE HIGHWAY DEPARTMENT v. BARRETT et al.

Court of Appeals of Georgia.

Decided October 26, 1971.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William B. Brown, Assistant Attorneys General, for appellant.

J. M. Grubbs, Jr., Adele W. Platt, for appellees.

EBERHARDT, Judge.

1. The provisions of Code § 95-1505 do not authorize the bringing of a suit for damages against the State Highway Department, whether on the theory of negligence or of nuisance. Tounsel v. State Hwy. Dept., 180 Ga. 112 (178 SE 285).

2. Nor can the suit be maintained under the provisions of Code § 95-1619, which is a venue statute only. State Hwy. Dept. v. Southern R. Co., 215 Ga. 71

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