Georgia Northern Railway Co. v. City of Moultrie

(After stating the foregoing facts.) The judgment rendered by the trial court in this case wras equivalent to sustaining a general demurrer to the petition; and we are of the opinion that the petitioner was entitled to an interlocutory injunction restraining the defendant from opening the proposed street until, at a trial, it could be determined, upon evidence duly submitted, whether or not the second use to which the strip of land embraced in the crossing, and which the defendant is attempting to condemn, involves a practical extinguishment of the former *517use, or renders its exercise so…