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WHIPPLE v. COUNTY OF HOUSTON

20221.

214 Ga. 532 (1958)

105 S.E.2d 898

WHIPPLE et al. v. COUNTY OF HOUSTON et al.

Supreme Court of Georgia.

Decided November 7, 1958.

Attorney(s) appearing for the Case

Frank C. Jones, Jones, Sparks, Benton & Cork, for plaintiffs in error.

Sam M. Mathews, Eugene Cook, Attorney-General, E. J. Summerour, Paul Miller, Assistant Attorneys-General, John E. Hogg, Deputy Assistant Attorney-General, contra.

DUCKWORTH, Chief Justice.

1. This four-count petition, together with the exhibits attached thereto and made a part thereof, is voluminous and consequently difficult to evaluate without a simultaneous consideration of the statutory law embodied in Code (Ann.) Ch. 95-26 (Ga. L. 1955, pp. 124, 131). The real complaint of the petition is the construction of the road by making a fill of a height of from 25 to 40 feet above the...

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