217 Ga. 37 | Ga. | 1961
The judgment under review is one overruling general and special demurrers of the defendants to a petition seeking legal and equitable relief.
The petition of G. A. Ivey, defendant in error, as finally amended, against Monroe County and the State Highway Department of Georgia, plaintiff in error, alleged that the defendants injured the petitioner in the sum of $35,000. The petition alleged that G. A. Ivey was the owner of a tract of land lying in the Forsyth District of Monroe County, Georgia; that the State Highway Department made a survey of a proposed right of way known as “POJ F1401-2(2) Monroe Co.”; that Monroe County
The defendants entered general and special demurrers. The trial court overruled the general demurrers and sustained three of the special demurrers. To the order overruling the general demurrers and the other special demurrers the plaintiff in error excepts and assigns it as error.
The allegations of the petition clearly show that the construction of the fence and drainage ditch for which damages are sought to be recovered was on the land deeded. In this deed, a copy being attached to the petition, the following provisions are found: “. . . I hereby convey and relinquish to the State Highway Department of Georgia all rights of access between the Limited Access Highway and approaches thereto on the
We now move on to the injunctive aspect of the case. The prayers for injunctive relief are based solely upon the right of the plaintiff to recover damages against the defendants. Since we ruled above that no cause of action for damages was alleged, it follows that the plaintiff is not entitled to any relief by way of injunction against the defendants.
It was error to overrule the general demurrers of the defendants.
Judgment reversed.