Coker v. Atlanta, Knoxville & Northern Railway Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Lumpkin. Fulton superior court. March 14, 1905. The Atlanta, Knoxville arid Northern Railway Company undertook to secure, for the joint benefit of itself and other railroad companies with which it was associated, terminal facilities in the City of Atlanta, affording access to Central avenue, in the heart of the city.
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Petition for injunction. Before Judge Lumpkin. Fulton superior court. March 14, 1905. The Atlanta, Knoxville arid Northern Railway Company undertook to secure, for the joint benefit of itself and other railroad companies with which it was associated, terminal facilities in the City of Atlanta, affording access to Central avenue, in the heart of the city. As a part of the project, the railway company desired to acquire title to a street known as Waverly place, which divided property it had purchased from the freight-yards of one of the companies with which it was associated; to also acquire…
1Opinion of the CourtFish, P. J.
(After stating the facts.) 1. “ The plenary power of the legislature over streets and highways is such that it may, in the absence of special constitutional restriction, vacate or discontinue the public easement in them, or invest municipal corporations with this authority.” 2 Dill. Mun. Corp. ("4th ed.) § 666. “ But the power must be conferred in express terms or by necessary implication, and the construction of ambiguous words alleged to confer it ‘ ought to be in favor of the common right of - highway.’ Highways can not, in any event, be discontinued for the purpose of devoting them to…
2Cases cited12 opinions
- Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
- Brunswick & Western Railroad v. Hardey & Co.Supreme Court of Georgia · 1901
- Davis v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
- Farkas v. TownsSupreme Court of Georgia · 1897
- Coast Line Railroad v. CohenSupreme Court of Georgia · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. HoblittMontana Supreme Court · 1930
- Barham v. GrantSupreme Court of Georgia · 1938
- Powell v. Houston & Texas Central RailroadTexas Supreme Court · 1911
- Walker v. City of RichmondCourt of Appeals of Kentucky · 1916
- MacDonald v. Board of Street CommissionersMassachusetts Supreme Judicial Court · 1929
22 more not listed; retrieve them via the Exa API.