Alabama Great Southern Railroad v. Gilbert
Supreme Court of Georgia
Railroads. Eminent Domain. Laws. Corporations. Prescription. Before Judge Fain. Dade Superior Court. March Term, 1883/ Reported in the decision.
1Opinion of the Court
Jackson, Chief Justice.
By the charter of the Alabama Great Southern Railroad Company, formerly the Wills Válley Railroad Company, the company is empowered, under the state’s right of eminent domain, to condemn for right of way so many feet of width of road-bed, and each side thereof, provided it does not interfere with any building. Acts of 1854, p. 464. On defendant’s land the company failed to take steps to condemn the land according to the charter, but constructed the road over defendant’s land without doing so, and has been in the use and enjoyment of the road-bed alone since its…
2Cases cited4 opinions
- Mason v. Brooklyn City & Newtown Rail RoadNew York Supreme Court · 1861
- Hudson & Delaware Canal Co. v. New-York & Erie Rail RoadNew York Court of Chancery · 1841
- Frederick v. City CouncilSupreme Court of Georgia · 1848
- Kenton County Court v. Bank Lick Turnpike Co.Court of Appeals of Kentucky · 1874
3Cited by8 opinions
- Gardner v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1903
- State ex rel. Attorney General v. Superior CourtWashington Supreme Court · 1904
- Stribbling v. Georgia Railway & Power Co.Supreme Court of Georgia · 1913
- Bonner v. Milledgeville Railway Co.Supreme Court of Georgia · 1905
- Georgia Public Service Commission v. Central of Georgia RailroadCourt of Appeals of Georgia · 1986
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