Georgia Southern & Florida Railway Co. v. Duval Connecting Railroad

ON MOTION FOR REVIEW OF ORDER FOR SUPERSEDEAS

RAWLS, Chief Judge.

Respondent, Duval Connecting Railroad Company, seeks to acquire by exercising the power of eminent domain a perpetual easement for a crossing at grade of the right of way and tracks of the Appellant, Georgia Southern and Florida Railway Company. The trial court entered an order *406entitled “Finding of Fact, Conclusion of Law and Order on Preliminary Issues” wherein it concluded that Duval has the right to acquire by condemnation the right of way for the railroad crossing described in its petition for condemnation.

Georgia Southern…