11 Ga. App. 816 | Ga. Ct. App. | 1912
J. O. Wilson sued the County of Newton, to recover for damage to his property, alleged to have been sustained by the abandonment of the public road which for many years led alongside his farm, and the locating of the public road some distance away from his farm, preventing convenient ingress and egress. The trial judge awarded a nonsuit.
It is well settled that since the constitution of 1877, if private property is damaged by the construction of roads or any improve
We have carefully examined.the evidence and can not concur in the view that these questions are so free from doubt as to warrant a nonsuit. It seems to us that each one is clearly issuable, and required submission to the jury. It is also contended that plain-' tiff’s cause of action was barred by the statute of limitations. All claims against counties must be presented within twelve months after they accrue or become payable, or the same are barred. Civil. Code (1910), § 411. The evidence is not clear as to the exact date when the cause of action arose, or when the damages actually accrued. The new road was constructed in 1909, but the old road was not completely abandoned by the public until 1910, when the bridge on the old road across Snapping Shoals creek was nailed up by the county authorities and made the public use of the old road impossible. The plaintiff offered to prove by admissions that the defendant received notice of the claim for damages within the twelve months. These admissions were contained in the answer originally filed by the defendant, but which the court had permitted the defendant to withdraw. The trial judge refused to allow the introduction of this evidence. We think this was error. Admissions in pleadings are admissible, whether withdrawn or not.’ Shingler v. Bailey, 135 Ga. 666; Tison v. South Georgia Ry. Co.,
Judgment reversed.