Butler v. Tifton, Thomasville & Gulf Railway Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Humphreys. City court of Moultrie. August 8, 1904. Many of the facts involved in the present case are stated in 116 Ga. 945. While the record is voluminous, the following is a synopsis of what is material to an understanding of the points involved in the decision. The Union Lumber Company owned .1617 acres of land in Colquitt county, the timber privileges on which it sold to Huber & Stokes.
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Action for breach of contract. Before Judge Humphreys. City court of Moultrie. August 8, 1904. Many of the facts involved in the present case are stated in 116 Ga. 945. While the record is voluminous, the following is a synopsis of what is material to an understanding of the points involved in the decision. The Union Lumber Company owned .1617 acres of land in Colquitt county, the timber privileges on which it sold to Huber & Stokes. On October 24, 1899, this firm entered into a contract with the Tifton, Thomasville and Gulf Railway Company, by which, in consideration that they would locate…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1-3. The public has an interest in the location of depots, and the time and place at which trains must stop for the reception of freight and passengers. A railroad company’s power to contract in reference thereto is therefore not unrestricted, but public policy must be considered in determining the legality of such agreements. See the cases cited in 7 Rap. & Mack’s R. Dig. 201-204. But such limitation on its power to contract does not apply to a case where the railroad company covenants to build a spur-track from its main line to a sawmill or other private…
2Cases cited9 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Brown v. StateSupreme Court of Georgia · 1900
- Papworth v. City of FitzgeraldSupreme Court of Georgia · 1900
- Neal Loan & Banking Co. v. ChastainSupreme Court of Georgia · 1904
- American Colortype Co. v. Continental Colortype Co.Supreme Court of the United States · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Draper v. MedlockSupreme Court of Georgia · 1905
- Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.Court of Appeals of Georgia · 1970
- Atlanta & West Point Railroad v. CampSupreme Court of Georgia · 1908
- Harper v. LindseySupreme Court of Georgia · 1926
- Lippincott & Co. v. BehreSupreme Court of Georgia · 1905
15 more not listed; retrieve them via the Exa API.