Johnson & Co. v. Arnold
Supreme Court of Georgia
Before Judge Richard H. Clark. DeKalb superior court. February term, 1892. Arnold sued Johnson & Company, alleging: He is the owner of a strip of land, part of land lot 158 in the 16th district of DeKalb county, the strip being twenty feet ■wide, bounded on the west by lands of the Georgia Railroad & Banking Company, south by a public road, east by lands of Georgia A. and Sarah Y. Kinney, north by lands of petitioner.
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Before Judge Richard H. Clark. DeKalb superior court. February term, 1892. Arnold sued Johnson & Company, alleging: He is the owner of a strip of land, part of land lot 158 in the 16th district of DeKalb county, the strip being twenty feet ■wide, bounded on the west by lands of the Georgia Railroad & Banking Company, south by a public road, east by lands of Georgia A. and Sarah Y. Kinney, north by lands of petitioner. Johnson & Company since July 24, 1890, have been quarrying and getting paving-blocks on this land without his consent and after he had notified them to stop, and are…
1Opinion of the Court
Bleckley, Chief Justice.
1. The main question involved in this case is one of much interest and some difficulty. It is novel in the jurisprudence of this State, and we rule it by principle and sound legal analogy and not upon any direct authority. Various decisions, both English and American, bearing upon it in some degree, have been examined. They are not uniform, but point in different directions. Upon principle, and as best subserving public policy, we prefer the trend and tendency of those cases which treat a tract of land having upon its margin a road either public or private, and either…
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