Atlantic Coast Line Railroad v. Layne
Court of Appeals of Georgia
1Opinion of the CourtGardner, P. J.
We shall first deal with the exceptions pendente lite to the judgment overruling the demurrers of the defendants. Under the amendment to the petition, after the remittitur was made the judgment of the court below, we are of the opinion that the petition set out a cause of action. See division 1 of the court’s opinion when the case was here before, and particularly this excerpt from that opinion: “The intention to dedicate need not be shown by an express declaration to that effect. Such intention may be inferred from an acquiescence by the owner in the use of his property by the public. But…
2Cases cited43 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1899
- Georgia Railroad & Banking Co. v. City of AtlantaSupreme Court of Georgia · 1903
- Griffin v. StateSupreme Court of Georgia · 1937
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3Cited by4 opinions
- City of Summerville v. WoodardCourt of Appeals of Georgia · 1958
- Atlantic Coast Line Railroad v. LayneCourt of Appeals of Georgia · 1953
- Central of Georgia Railroad v. MarkertCourt of Appeals of Georgia · 1991
- Central of Georgia Railroad v. MarkertCourt of Appeals of Georgia · 1991