Clarke v. Aiken
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia; Beverly D. Evans, Judge. Suit in equity by David Eoewenthal against the Georgia Coast & Piedmont Railroad Company, in which E. D. Aiken and others were named as receivers, John D. Clarke intervened, and the Columbia Trust Company filed a cross-bill against the Georgia Coast & Piedmont Railroad Company. From an adverse decree (265 Fed. 961), the intervener appeals.
1Opinion of the Court
WALKER, Circuit Judge.
By an indenture made in the year 1912 between the appellant, John D. Clarke, and the Georgia Coast & Piedmont Railroad Company, the former conveyed to the latter a right of way, 200 feet in width, across General’s Island, in McIntosh county,' Ga.. That instrument bound the railroad company to maintain openings through any embankment constructed by it on the right of way acquired, so as to permit the passage of water from one side of such embankment to the other. A purpose of that provision was to insure the flow of water, required in the cultivation of rice, to that…
2Cases cited4 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Marks v. GatesCourt of Appeals for the Ninth Circuit · 1907
- Atkinson v. KreisSupreme Court of Georgia · 1913
- Sanitary District v. MartinIllinois Supreme Court · 1907
3Cited by3 opinions
- Weeks v. PrattCourt of Appeals for the Fifth Circuit · 1930
- Lastinger v. City of AdelCourt of Appeals of Georgia · 1943
- Weeks v. PrattCourt of Appeals for the Fifth Circuit · 1930