Court of Appeals of Georgia June 25, 1948, 32064. (Ray v. Pepperell Manufacturing Co.)

Felton, J.

The plaintiff’s case is predicated on the theory that the digging of the ditch under the contract alleged, without permission of the Highway Department, was a misdemeanor, and that its digging and the leaving of the ditch in a dangerous condition was negligence which was the proximate cause of the injuries complained of.