City Electric Railway Co. v. Floyd County
Supreme Court of Georgia
Equitable petition. Before Judge Henry. Eloyd superior court. October 15, 1901. The Rome Street Railroad Company was incorporated by the General Assembly in 1884 (Acts 1884- 5, pp. 191, 235). Its railroad was built and equipped as a horse-car line, and the line was extended over the bridges in Rome (see 77 Ga. 616). In 1892, when the company was about to change the railroad from a horse-car line to an electric-car line, the county authorities, contending that this would…
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Equitable petition. Before Judge Henry. Eloyd superior court. October 15, 1901. The Rome Street Railroad Company was incorporated by the General Assembly in 1884 (Acts 1884- 5, pp. 191, 235). Its railroad was built and equipped as a horse-car line, and the line was extended over the bridges in Rome (see 77 Ga. 616). In 1892, when the company was about to change the railroad from a horse-car line to an electric-car line, the county authorities, contending that this would greatly increase the servitude upon the bridges and the risk of danger, etc., declined to allow the bridges to be crossed by…
1Opinion of the CourtFish, J.
In our opinion, the decision of this case turns upon the proper determination of the question, whether or not the contract entered into on February 25, 1892, between the Rome Street Railroad Company and Floyd County, was valid. By the terms of that contract, the railroad company agreed to pay to the county a stipulated compensation annually for the right to construct and operate its electric-railway line across the three bridges in the city of Rome, belonging to the county. If, as contended by the plaintiff in error, this contract was a nudum pactum, then the judgment of the court below was…
2Cases cited4 opinions
- Tyson v. WoodruffSupreme Court of Georgia · 1809
- Thornton v. Lemon, McMillan & Co.Supreme Court of Georgia · 1901
- Morris v. MunroeSupreme Court of Georgia · 1860
- Spriggs v. BromblettSupreme Court of Georgia · 1875
3Cited by26 opinions
- Belt v. LazenbySupreme Court of Georgia · 1906
- Dodge v. Detroit Trust Co.Michigan Supreme Court · 1942
- Preston v. HamSupreme Court of Georgia · 1923
- Fulford v. FulfordSupreme Court of Georgia · 1969
- Folds v. FoldsSupreme Court of Georgia · 1939
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