107 S.E.2d 654
20292.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1959.
DECIDED FEBRUARY 6, 1959. REHEARING DENIED MARCH 6, 1959.
DUCKWORTH, Chief Justice.
The petition of V. H. Hooks against the State Highway Department of Georgia, Emanuel County, Jerome Waller, W. L. Wilkes, and R. G. Foster Company, alleges that the petitioner is the owner of certain described land; that the defendants have notified him of their intention to construct a highway thereon; and that, without having condemned his land or paid him for damages resulting therefrom, they have proceeded with the proposed construction, which will constitute a continuing trespass and the taking of petitioner’s property for public use without due process and adequate compensation; and he prays that they be enjoined from trespassing on his property as alleged. The petition alleges a cause of action and the court did not err in overruling the general demurrers of the defendants.
Judgment affirmed. All the Justices concur.
SUBMITTED JANUARY 12, 1959 — DECIDED FEBRUARY 6, 1959 — REHEARING DENIED MARCH 6, 1959.
Injunction. Emanuel Superior Court. Before Judge Humphrey. October 18, 1958.
Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Lamar Murdaugh, Assistant Attorneys-General, Ariel V. Conlin, John E. Hogg, Deputy Assistant Attorneys-General, Price, Spivey Carlton, for plaintiffs in error.
Rountree Rountree, contra.