Legal Opinion

Kirschner v. Western & Atlantic Railroad

Supreme Court of Georgia

Decided July 23, 1881PublishedCited by 4 opinions

1Opinion of the Court

[Jackson, Chief Justice, being disqualified, Judge Hillyer, of the Atlanta circuit, was designated to preside in this case.]

1. An easement will not arise by prescription where the facts show that the owner of the servient estate has habitually broken and interrupted the use whenever he thought proper to do so.

2Cited by4 opinions

  1. Dean v. FeelySupreme Court of Georgia · 1883
  2. Anneberg v. KurtzSupreme Court of Georgia · 1944
  3. City of Marietta v. CSX Transportation, Inc.Supreme Court of Georgia · 2000
  4. Hannah v. JacobsCourt of Appeals of Georgia · 1955