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STATE HIGHWAY DEPT. v. GA. S. & F. R. CO.

21078.

216 Ga. 547 (1961)

117 S.E.2d 897

STATE HIGHWAY DEPARTMENT v. GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY.

Supreme Court of Georgia.

Decided January 5, 1961.

Rehearing Denied January 20, 1961.

Attorney(s) appearing for the Case

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

Bloch, Hall, Groover & Hawkins, Steve F. Mitchell, contra.

MOBLEY, Justice.

1. Georgia Southern & Florida Railway Co. brought its petition in two counts in Tift Superior Court against the State Highway Department of Georgia, alleging that it is the owner of the fee-simple title, by reason of certain described deeds, to a right-of-way through Tift County 100 feet wide, measuring 50 feet on each side of the center line of its main-line track; that a State highway, which is under the control and supervision of the State...

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