112 Ga. App. 462 | Ga. Ct. App. | 1965
The facts alleged in this petition are strikingly similar to those in Johnson v. Burke County, 101 Ga. App. 747 (115 SE2d 484), except that in that case the header curb was constructed by the Highway Department under the authority of the County Commissioners of Burke County, whereas here it was constructed by the property owner herself.
Additionally, it affirmatively appears from the petition here that if plaintiff’s access has been impaired by reason of the construction of the header curb, that is from her act and not that of the county or of the State Highway Department. The curb was constructed by plaintiff on her own land. Though she alleges that this was done in response to a demand from the representatives of the Highway Department that she do so, and under a threat from them to cut off all access to her property if she did not, nothing is alleged that would place her under any duty to construct it, nor are any allegations of fraud or of facts that would support allegations of fraud to be found in the petition. Plaintiff was free to refuse .to accede to the demand or to act under any threat. Under the facts pleaded, if plaintiff has suffered any loss by depreciation in the value of her property, it resulted from her own act.
Judgment affirmed.