Athens Terminal Co. v. Athens Foundry & Machine Works
Supreme Court of Georgia
Injunction. Before Judge Brand. Clarke superior court. May 10, 1907. This is an injunction suit brought by the Athens Foundry and Machine Works against the Athens Terminal Company, to restrain the latter from laying its track longitudinally in Foundry street, and from changing the course of Washington and Clayton, streets, in the City of Athens.
Read the full summary
Injunction. Before Judge Brand. Clarke superior court. May 10, 1907. This is an injunction suit brought by the Athens Foundry and Machine Works against the Athens Terminal Company, to restrain the latter from laying its track longitudinally in Foundry street, and from changing the course of Washington and Clayton, streets, in the City of Athens. The Athens Terminal Company is-chartered under the general railroad law, and ownsi in the City of Athens, three blocks of property on the western side of Foundry street, lying between Broad street and Hancock avenue. The-Athens Foundry and Machine…
1Opinion of the CourtEvans, J.
(After stating the foregoing facts.)
1, 2. A commercial steam railroad can not lay its tracks longitudinally along the streets of a city without the sanction of the General Assembly. This sanction must appear by express grant or necessary implication. Daly v. Ga. So. R. Co., 80 Ga. 793 (7 S. E. 146, 12 Am. St. R. 286). Legislative sanction to devote a part of a street to railroad use is not given to a city by the grant of a general power to establish, change, and maintain its streets and alleys. Nor is this sanction given by section 17 of the act approved August 24, 1872, amending the charter…
2Cases cited14 opinions
- Barney v. KeokukSupreme Court of the United States · 1877
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- Moore v. City of AtlantaSupreme Court of Georgia · 1883
- Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
- Brown v. Atlanta Railway & Power Co.Supreme Court of Georgia · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Platt v. Southern Photo Material Co.Court of Appeals of Georgia · 1908
- Metropolitan Atlanta Rapid Transit Authority v. DatrySupreme Court of Georgia · 1975
- Fleming v. City of RomeSupreme Court of Georgia · 1908
- Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- FOX v. NORFOLK SOUTHERN CORPORATION Et Al.Court of Appeals of Georgia · 2017
13 more not listed; retrieve them via the Exa API.