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STATE HIGHWAY DEPT. v. WESTERN UNION

21906.

218 Ga. 663 (1963)

129 S.E.2d 872

STATE HIGHWAY DEPARTMENT v. WESTERN UNION TELEGRAPH COMPANY.

Supreme Court of Georgia.

Decided February 7, 1963.

Rehearing Denied February 25, 1963.

Attorney(s) appearing for the Case

Eugene Cook, Attorney General, Carter Goode, Richard L. Chambers, Assistant Attorneys General, G. W. Channell, for plaintiff in error.

Heyman, Abram, Young, Hicks & Maloof, contra.

DUCKWORTH, Chief Justice.

The Western Union Telegraph Company has held by written agreement since 1902 the privilege from the owner to occupy with its equipment the lands here involved. In its conveyance to Chatham County — thereafter the grantor to the State Highway Department of the alleged right of way, there was an express condition that the rights of the Western Union Telegraph Company therein were to be respected by the grantee. The Highway Department...

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