Smith v. City Council of Rome
Supreme Court of Georgia
Application for injunction. Decision by Judge Trippe, at Chambers, 27th June, 1855. Vm. R. Smith prayed an injunction on the following facts: He was the owner of a parcel of land within the corporate limits of the City of Rome, upon which lot there is a valuable stone quarry, worth. $3,000, upon the bank of Etowah River; also a valuable sand bank, worth $>1.000; and the piece of land' is also of great value as a residence, viz: $2,500. The Mayor & Council of Romo quarried…
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Application for injunction. Decision by Judge Trippe, at Chambers, 27th June, 1855. Vm. R. Smith prayed an injunction on the following facts: He was the owner of a parcel of land within the corporate limits of the City of Rome, upon which lot there is a valuable stone quarry, worth. $3,000, upon the bank of Etowah River; also a valuable sand bank, worth $>1.000; and the piece of land' is also of great value as a residence, viz: $2,500. The Mayor & Council of Romo quarried large quantities of rock from the said land, removed trees therefrom, and thereby caused irreparable injury to the lot.…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
In this case, we assume that the answer is true.
The answer says, in substance, that the complainant gave-to the defendant the right to open two public streets through, his land; that the defendant, in the exercise of this right, *91opened the two streets; that a “high rocky bluff” projects itself a part of the way across the track of one of the streets; that the defendant took from this bluff, at a point within the boundaries of the street, some rock, and used the rock in macadamizing the streets of Rome and in building culverts; and that the…
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