Hutchinson v. Caldwell Lumber Co.

1. In a former ease it was held: “In a proceeding under the Civil Code, §§ 807 et seq., to condemn a private way over lands of another person, in order to entitle the applicant to relief it must appear that the way sought by him is absolutely indispensable as a means of reaching his property.” Wyatt v. Hendrix, 146 Ga. 143 (90 S. E. 957).

2. A private way over another’s land, whether under Civil Code § 807 or 804, is based on necessity, though the procedure to obtain the same may be different. Valdosta Railroad Co. v. Adel Lumber Co., 136 Ga. 559 (71 S. E. 803). Where a company operating a…