Legal Opinion

City of Atlanta v. Gate City Street Railroad

Supreme Court of Georgia

Decided November 1, 1887PublishedCited by 8 opinions

Municipal corporations. Streets and sidewalks. Street railroads. Laws. Constitutional law. Before Judge Richard II. Clark. Eulton superior court. March term, 1887. The following material portions of the bill and answer will aid to a correct .understanding of'the decision: Complainant’s railway was built during the summer and fall of 1881, under the supervision of the city engineer and street committee, and was macadamized according to a city ordinance.

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Municipal corporations. Streets and sidewalks. Street railroads. Laws. Constitutional law. Before Judge Richard II. Clark. Eulton superior court. March term, 1887. The following material portions of the bill and answer will aid to a correct .understanding of'the decision: Complainant’s railway was built during the summer and fall of 1881, under the supervision of the city engineer and street committee, and was macadamized according to a city ordinance. When the city decided to pave Wheat street with rubble-stone, the authorities threatened to tear up the track of the company to make room for…

1Opinion of the Court

Blandford, Justice.

The mayor and general council of the city of Atlanta passed an ordinance requiring Wheat street to be paved with rubble-stone, and notified the Gate City Street Railroad Company, whose track had been laid along said street, to pave their track and three feet on each side with rubble-stone. The street railroad company paved their track, but refused to pave three feet on each side thereof. The city of Atlanta made the pavement three feet on each side of this railroad, and made an assessment against the street railroad company for the cost thereof. The company filed this bill…

2Cited by8 opinions

  1. Speer v. Mayor of AthensSupreme Court of Georgia · 1890
  2. City of Atlanta v. HamleinSupreme Court of Georgia · 1895
  3. Macon Consolidated Street Railroad v. Mayor of MaconSupreme Court of Georgia · 1901
  4. Davis v. WardeSupreme Court of Georgia · 1923
  5. Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1935

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