City of Cornelia v. Southern Railway Co.

The Southern Railway Company filed a petition in the Superior Court of Habersham County, seeking to enjoin the City of Cornelia, its agents, servants and employees from trespassing on land allegedly owned by the railroad. The jury returned a verdict for the plaintiff. The exception is to an order overruling the city’s motion for new trial, as amended. Held:

1. The court having charged the jury that if you find that the railroad has shown title to only a part of the land in dispute and that the city has failed to prove an easement either by prescription or by dedication, the form of your…