State Highway Department v. Turner

2 Citing cases

  1. State Highway Department v. Parker

    75 Ga. App. 237 (Ga. Ct. App. 1947)   Cited 7 times
    In Parker, we noted that a statute enacted in 1943 allowed the plaintiffs to sue the Highway Department directly for a tort and that such a claim could be brought in any county in Georgia wherein the tort cause of action arose.

    The defendant, the State Highway Department, filed a general demurrer to the petition on the grounds, (1), that the plaintiff's petition set forth no cause of action against the defendant; (2), that admitting all the facts set forth in said petition the plaintiff would not be entitled to recover against the defendant; (3), that the defendant, the State Highway Department, is not liable for accidents on highways in the State of Georgia except on bridges or approaches thereto and (4), the defendant demurred to the petition for the reason that the cause of the action, if any, arose in Rabun County and Rabun County is the proper party to defend the suit. The general demurrer was heard before the Honorable Boyd Sloan, who overruled the general demurrer on each and all of its grounds, giving as the reason for overruling the demurrer of the State Highway Department the case of State Highway Department v. Turner, 198 Ga. 797 and 798 ( 32 S.E.2d 805), quoting from the decision as follows: "The State Highway Department has by our statute been recognized as a legal entity and as such made subject to suit, and the method of service in such a suit is provided for by law." The State Highway Department excepted to the ruling of the trial court and assigned error on the ground that the court erred in overruling the general demurrer.

  2. Flint River Mills v. Henry

    234 Ga. 385 (Ga. 1975)   Cited 18 times

    Plaintiffs could have raised this constitutional challenge in the hearing before the deputy director. If they had, the challenge would have been ruled upon on the appeal to the superior court, as was done in Senters, supra. See also State Hwy. Dept. v. Bass, 197 Ga. 356 ( 29 S.E.2d 161), Kelley v. County of Newton, 198 Ga. 483 ( 32 S.E.2d 99), State Hwy. Dept. v. Turner, 198 Ga. 795 ( 32 S.E.2d 805). We recognize that where the constitutional validity of a statute is challenged before an administrative hearing officer or board, such officer or board is powerless to declare the Act unconstitutional, and resolution of the constitutional question must await judicial review on appeal. Thus the making of such constitutional challenge before the hearing officer or board appears futile at the time of its making.