City of Atlanta v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior court. November 27, 1917. The Georgia Eailroad and Banking Company brought a petition against the City of Atlanta, in which it was alleged, that the railroad company owned a right of way from the eastern boundary of the city to Pryor Street, and across the particular strip of' land lying between the point at which Yonge Street opens into Decatur Street and the boundary line between the right of way of the railroad…
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Equitable petition. Before Judge Pendleton. Fulton superior court. November 27, 1917. The Georgia Eailroad and Banking Company brought a petition against the City of Atlanta, in which it was alleged, that the railroad company owned a right of way from the eastern boundary of the city to Pryor Street, and across the particular strip of' land lying between the point at which Yonge Street opens into Decatur Street and the boundary line between the right of way of the railroad company and what is known as Oakland Cemetery; that it was entitled to the exclusive use of this strip of land; and that…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.)
1,2. The first and second headnotes require no discussion. The authorities cited are sufficiently elaborate upon the rulings therein made.
3. The railroad company showed title to the land by deed, and there was no evidence to show any reservation or qualification in the grant. The city set up án affirmative equitable plea based both upon prescription and dedication. These two principles are closely *637analogous, but not identical. For a discussion see 8 R. C. L. 904, § 30. The City of Atlanta makes no claim that it has obtained the right to keep open the…
2Cases cited6 opinions
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Louisville & Nashville R. R. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- Town of Poulan v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1905
- City Council v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
- Brunswick & Western Railroad v. Mayor of WaycrossSupreme Court of Georgia · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thompson v. McDougalCourt of Appeals of Georgia · 2001
- Screven County v. ReddySupreme Court of Georgia · 1952
- Hutchinson v. ClarkSupreme Court of Georgia · 1929
- DeKalb County v. Jackson-Atlantic Co.Court of Appeals of Georgia · 1971
- Waters v. BakerSupreme Court of Georgia · 1940
8 more not listed; retrieve them via the Exa API.