Atlanta & West Point Railroad v. Redwine
Supreme Court of Georgia
Petition for injunction. Before Judge Eoan. Campbell superior court. January 28, 1905. The Atlanta and West Point Eailroad Company filed a petition for injunction against the Commissioners of Eoads and Eevenues. of Campbell County, alleging that they were proceeding illegally to establish a public road over and longitudinally upon a portion of its right of way, which had been already devoted to a public use, and was necessary to the operation of its business as common…
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Petition for injunction. Before Judge Eoan. Campbell superior court. January 28, 1905. The Atlanta and West Point Eailroad Company filed a petition for injunction against the Commissioners of Eoads and Eevenues. of Campbell County, alleging that they were proceeding illegally to establish a public road over and longitudinally upon a portion of its right of way, which had been already devoted to a public use, and was necessary to the operation of its business as common carrier. The petition was met by both a demurrer and an answer, which were considered by the presiding judge upon the.…
1Opinion of the CourtEvans, J.
(After stating the facts.) The commissioners are proceeding, under the. Political Code, §§ 520-522, to lay out and open a public road. The different steps pointed out by the statute are: (1) the appointment, by the county commissioners, of three road commissioners to pass upon the public utility of the new road and to mark out its boundaries; (2) the road commissioners must go upon the land, and, if they find the road to be of public utility, must proceed to mark it out and make their report, under oath, to the county commissioners that the road has been laid 'out conformably to law; (3) when…
2Cases cited4 opinions
- Ponder v. ShannonSupreme Court of Georgia · 1875
- Frith v. Justices of the Inferior CourtSupreme Court of Georgia · 1860
- Hightower v. JonesSupreme Court of Georgia · 1890
- Nichols v. SuttonSupreme Court of Georgia · 1857
3Cited by7 opinions
- Southeastern Greyhound Lines v. Georgia Public-Service CommissionSupreme Court of Georgia · 1935
- Penick v. County of MorganSupreme Court of Georgia · 1908
- Hutchinson v. Lowndes CountySupreme Court of Georgia · 1908
- Anderson v. HowardCourt of Appeals of Georgia · 1925
- Ballard v. JonesSupreme Court of Georgia · 1918
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