McLendon v. Atlanta & West Point Railroad
Supreme Court of Georgia
Railroads. Land. Damages. Actions. New trial. Before Judge Buci-ianan. Troup Superior Court. May Term, 1874. On December 26th, 1872, McLendon brought assumpsit against the Atlanta and West, Point Railroad Company for $10,000 00. In the first count, he alleged that the defendant was indebted to him $3,500 00 for the use and occupation of a right of .way through certain lands of his from February 1st, 1853, to December 20th, 1872. In the second count, he claimed the same…
Read the full summary
Railroads. Land. Damages. Actions. New trial. Before Judge Buci-ianan. Troup Superior Court. May Term, 1874. On December 26th, 1872, McLendon brought assumpsit against the Atlanta and West, Point Railroad Company for $10,000 00. In the first count, he alleged that the defendant was indebted to him $3,500 00 for the use and occupation of a right of .way through certain lands of his from February 1st, 1853, to December 20th, 1872. In the second count, he claimed the same amount as due him for the same causes on a quantum meruit. ' In the third, he alleged that on February 1st, 1853, the…
1Opinion of the Court
MoCay, Judge.
1, 2. This action Js of a very anomalous character. The declaration goes upon two ideas: 1st. It assumes that the defendant has been using a right of way over the plaintiff’s land with his consent, and that therefore there is an implied promise on the part of the railroad to pay to the plaintiff what such use is reasonably worth for each year. 2d. It assumes that the defendant had, with plaintiff’s consent, taken a right of way over his land, intending thereby to assert ownership over it, under an implied promise to pay him its value, and there is a count in the declaration for…
2Cited by10 opinions
- Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
- Southern Railway Co. v. LeonardCourt of Appeals of Georgia · 1938
- Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906
- Green v. South Bound RailroadSupreme Court of Georgia · 1901
- Carrollton Telephone Exchange Co. v. SpicerCourt of Appeals of Kentucky · 1917
5 more not listed; retrieve them via the Exa API.