Legal Opinion

Georgia Railroad & Banking Co. v. Town of Decatur

Supreme Court of Georgia

Decided November 15, 1907PublishedCited by 4 opinions

Condemnation. Before Judge Eoan. DeKalb superior court. December 1, 1906. The Town of Decatur instituted condemnation proceedings against the Georgia Eailroad and Banking Company and the Louisville and Nashville Eailroad Company, as provided in the Civil Code, §4657 et seq., for the purpose of opening a new street, in the town, across the track and right of way of these companies.

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Condemnation. Before Judge Eoan. DeKalb superior court. December 1, 1906. The Town of Decatur instituted condemnation proceedings against the Georgia Eailroad and Banking Company and the Louisville and Nashville Eailroad Company, as provided in the Civil Code, §4657 et seq., for the purpose of opening a new street, in the town, across the track and right of way of these companies. The town entered an appeal to the superior court from the award made by the assessors, and the jury returned a verdict in favor of the' railroad companies for $10. Their motion for a new trial was-overruled, and…

1Opinion of the CourtBeck, J.

(After stating the facts.)

1. The first,-second, and third grounds of the amended motion for new trial assign error upon rulings whereby the testimony of certain witnesses was excluded. The first and second grounds *503are as follows: “The court erred in excluding the testimony of W. M. Robinson, a witness for the defendants, as to the cost to the defendants of constructing the crossing over the right of way of the railroad, with one railroad track thereon, and the cost to' the defendant of maintaining the same.” And “The court erred in excluding the testimony of the same witness as to the cost of…

2Cases cited6 opinions

  1. Baxter & Co. v. CampSupreme Court of Georgia · 1906
  2. Ray v. CampSupreme Court of Georgia · 1900
  3. Georgia Railroad & Banking Co. v. Mayor of Union PointSupreme Court of Georgia · 1904
  4. Russell v. Mohr-Weil Lumber Co.Supreme Court of Georgia · 1902
  5. Brunswick & Western Railroad v. Mayor of WaycrossSupreme Court of Georgia · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Marist Society of Georgia v. City of AtlantaSupreme Court of Georgia · 1955
  2. Standard Paint & Lead Works v. PowellCourt of Appeals of Georgia · 1921
  3. Alexander v. City CouncilSupreme Court of Georgia · 1910
  4. Zachry v. Mayor of HarlemSupreme Court of Georgia · 1912

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