Western & Atlantic Railroad v. Cox
Supreme Court of Georgia
Action for damages. Before Judge Milner. Whitfield superior court. April term, 1893. The declaration alleges as follows: At the time defendant took possession of its road and right of way, plaintiff was in possession of land lot No. 98 in the 13th district and 3d section of Whitfield county, and the. road runs through that lot for nearly three fourths of a mile.
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Action for damages. Before Judge Milner. Whitfield superior court. April term, 1893. The declaration alleges as follows: At the time defendant took possession of its road and right of way, plaintiff was in possession of land lot No. 98 in the 13th district and 3d section of Whitfield county, and the. road runs through that lot for nearly three fourths of a mile. Plaintiff had and now has on the south side of the road forty acres of bottom land cleared and in cultivation, and of the value of fifty dollars per acre. About two years before defendant took possession of the road and its…
1Opinion of the Court
Lumpkin, Justice.
Cox brought against the Western & Atlantic Railroad Company an action for damages, and afterwards amended his declaration. The substance of the declaration and *563the amendment appear in the reporter’s statement. The defendant moved orally to dismiss the case on the ground that no cause of action was set forth, and the bill of exceptions assigns as error the overruling of this motion. According to the allegations of the declaration, the ditch complained of was undoubtedly a nuisance which had been ei’eated upon the right of way by the former lease company of this railroad, and…
2Cited by8 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Southern Railway Co. v. CookSupreme Court of Georgia · 1899
- Roughton v. THIELE KAOLIN COMPANYSupreme Court of Georgia · 1953
- Georgia Florida & Alabama Railway Co. v. JerniganSupreme Court of Georgia · 1907
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