Hanbury v. Woodward Lumber Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Clark. Fulton -county. Hanbury, Adair and others brought their petition to- enjoin the Woodward Lumber Company from erecting a ■planing-mill plant on six acres of land in the city of Atlanta, fronting 636 feet on Murphy avenue, a public street in that city; and to enjoin that company, and the Central Bailroad Company and the receivers thereof, from constructing by ■permission of the city authorities, and using a spur-track from the main…
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Petition for injunction. Before Judge Clark. Fulton -county. Hanbury, Adair and others brought their petition to- enjoin the Woodward Lumber Company from erecting a ■planing-mill plant on six acres of land in the city of Atlanta, fronting 636 feet on Murphy avenue, a public street in that city; and to enjoin that company, and the Central Bailroad Company and the receivers thereof, from constructing by ■permission of the city authorities, and using a spur-track from the main line of the railroad across Murphy avenue to •the land of the lumber company. The Atlanta Ice Co., a corporation owning…
1Opinion of the Court
Atkinson, Justice.
We are not now to consider whether in a proceeding to condemn as for a public way the property of the citizen the public acquires a greater interest in the property condemned than is necessary to the enjoyment of the right of way; nor are we to inquire whether in such a case the public would be authorized to impose upon the land seized to public use *58a servitude other than that for which it was condemned. Condemnation proceedings operate upon the unwilling, and of necessity are construed most strongly in favor of the person whose property is being seized. But in the present…
2Cited by16 opinions
- Tietjen v. MeldrimSupreme Court of Georgia · 1930
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Colegrove Water Co. v. City of HollywoodCalifornia Supreme Court · 1907
- Donalson v. Georgia Power & Light Co.Supreme Court of Georgia · 1932
- Harrold Bros. v. Mayor of AmericusSupreme Court of Georgia · 1914
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