Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic Railroad
Supreme Court of Georgia
■ Petition for injunction. Before Judge Pendleton. Fulton superior court. December 16, 1905. The plaintiff alleged, among other things, its ownership of á certain tract of land, basing its title upon certain deeds described, in the petition and possession thereunder for a sufficient length of time for prescription to mature; that without plaintiff’s consent, and without first having made an effort to condemn said property and without having offered or tendered plaintiff…
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■ Petition for injunction. Before Judge Pendleton. Fulton superior court. December 16, 1905. The plaintiff alleged, among other things, its ownership of á certain tract of land, basing its title upon certain deeds described, in the petition and possession thereunder for a sufficient length of time for prescription to mature; that without plaintiff’s consent, and without first having made an effort to condemn said property and without having offered or tendered plaintiff payment for the same, the defendant proposes and now threatens to lay, immediately upon and across said land, a railroad…
1Opinion of the CourtAtkinson, J.
1. The affidavit which was excluded as evidence, to which exception is taken by the first ground of the cross-bill of exceptions, is not relevant or material. There was nothing in the ease to have justified the court in finding that there was any damage to the plaintiff independent of the taking. If there was actual taking, it could not lessen the plaintiff’s right to a recovery of his property which was wrongfully taken by showing an enhancement of values of adjoining property. For the reasons stated, the court did not commit error in excluding from evidence the affidavit mentioned.
2.…
2Cases cited11 opinions
- Crawford v. VernerSupreme Court of Georgia · 1905
- Luttrell v. WhiteheadSupreme Court of Georgia · 1905
- Southern Railway Co. v. CombsSupreme Court of Georgia · 1906
- Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
- Tippins v. PhillipsSupreme Court of Georgia · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Schlesinger v. City of AtlantaSupreme Court of Georgia · 1925
- Metropolitan Atlanta Rapid Transit Authority v. DatrySupreme Court of Georgia · 1975
- Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1941
- Walden v. WaldenSupreme Court of Georgia · 1907
- Johnson v. Valdosta, Moultrie & Western RailroadSupreme Court of Georgia · 1929
27 more not listed; retrieve them via the Exa API.