Cobb v. Wrightsville & Tennille Railroad
Supreme Court of Georgia
Action for damages. Before Judge Bawlings. Johnson superior court. September 17, 1906. Mrs. Cobb brought suit against the Wrightsville & Tennill® Bailroad Company, alleging as follows: The defendant has injured and damaged her in the sum of $2,000. She is the owner of certain described land.
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Action for damages. Before Judge Bawlings. Johnson superior court. September 17, 1906. Mrs. Cobb brought suit against the Wrightsville & Tennill® Bailroad Company, alleging as follows: The defendant has injured and damaged her in the sum of $2,000. She is the owner of certain described land. Without her knowledge or consent, about the year 1885, the defendant took possession of a strip of land extending across her tract, constructed its railroad thereon, and has since continuously used and occupied it as a right of way, and is now in possession of such strip of land, 120 feet wide by 1125…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1. Since the adoption of the original • code, taking effect in 1863, the strictness of the old rule as to repugnant clauses in a deed has been much modified. Substance, rather than technical nicety in the location of clauses, is controlling. The intention of the parties is the cardinal rule of construction. If it be clear, and sufficient words' be used to arrive at the intention, and it eon- • travenes no rule of law, it is to be enforced, and is not to be sacrificed to arbitrary rules- of construction. Civil Code, §3673. “If two clauses in a deed be utterly…
2Cases cited8 opinions
- City Council v. LombardSupreme Court of Georgia · 1897
- Collinsville Granite Co. v. PhillipsSupreme Court of Georgia · 1905
- Danielly v. CheevesSupreme Court of Georgia · 1894
- Huie v. McDanielSupreme Court of Georgia · 1898
- Rollins v. DavisSupreme Court of Georgia · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
- Aycock v. WilliamsSupreme Court of Georgia · 1938
- Irvine v. City of OelweinSupreme Court of Iowa · 1915
- Keith v. ChastainSupreme Court of Georgia · 1923
- Burch v. KingCourt of Appeals of Georgia · 1914
9 more not listed; retrieve them via the Exa API.