Legal Opinion

Griffin v. Augusta & Knoxville Railroad

Supreme Court of Georgia

Decided April 10, 1883PublishedCited by 8 opinions

Constitutional Law. Damages. Railroads. Actions. Injunction. Before Judge Roney. McDuffie County. At ‘ Chambers. March 9, 1883. On February 19, 1883, Mrs. Griffin filed her bill against the Augusta & Knoxville Railroad Company, alleging, in brief, as follows: Since 1867 she has been the owner of a plantation in Columbia county, known as the “ Home place,” containing sixteen hundred acres, about three hundred and seventy-five acres being under cultivation ;and the balance…

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Constitutional Law. Damages. Railroads. Actions. Injunction. Before Judge Roney. McDuffie County. At ‘ Chambers. March 9, 1883. On February 19, 1883, Mrs. Griffin filed her bill against the Augusta & Knoxville Railroad Company, alleging, in brief, as follows: Since 1867 she has been the owner of a plantation in Columbia county, known as the “ Home place,” containing sixteen hundred acres, about three hundred and seventy-five acres being under cultivation ;and the balance being heavily timbered and used for pasturage. On October 15,1879, the railroad took from her for its own use a strip of…

1Opinion of the Court

Jackson, Chief Justice.

1. This record brings before us the sole point whether the refusal of the injunction by the chancellor to enjoin a railroad company, which had completed and equipped its road at the cost of hundreds of thousands of dollars,, from running its road'through the complainant’s land, which was part of the road-bed so completed and used by it, until the damage for the right of way and cutting down and using the timber thereon was assessed, — the entry of the company thereon and use thereof as a right of way and the appropriation of the timber on the right of way not having…

2Cases cited2 opinions

  1. Wood v. Macon & Brunswick RailroadSupreme Court of Georgia · 1882
  2. Gammage v. Georgia Southern RailroadSupreme Court of Georgia · 1880

3Cited by8 opinions

  1. City of Elberton v. Pearle Cotton MillsSupreme Court of Georgia · 1905
  2. Atlanta, Knoxville & Northern Railway Co. v. BarkerSupreme Court of Georgia · 1898
  3. McKee v. City of Grand RapidsMichigan Supreme Court · 1904
  4. Georgia Power Co. v. KellySupreme Court of Georgia · 1936
  5. Kipp v. State Highway CommissionerMichigan Supreme Court · 1938

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