
    26410.
    Hardin v. State Highway Board of Georgia.
    Decided March 18, 1938.
    
      Charles Pigue, for plaintiff.
    
      J. M. C. Townsend, W. Glenn Thomas, W. W. Armistead, for defendant.
   Sutton, J.

“An action can not be brought directly and primarily against the State Highway Department for damages on account of unlawful appropriation of private property for construction of a road taken over by the State Highway Department under the State-aid system.” Hardin v. State Highway Board, 185 Ga. 614 (196 S. E. 40). Accordingly, the court properly sustained the demurrer to the plaintiff’s petition.

Judgment affirmed.

Stephens, P. J., and Felton, J., coneur.  