Georgia Railway & Power Co. v. City of Atlanta
Supreme Court of Georgia
Mandamus. Before Judge Pendleton. Fulton superior court. August 27, 1921. The City of Atlanta brought a petition for mandamus against the Georgia Bailway and Power Company, now.the plaintiff in error.
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Mandamus. Before Judge Pendleton. Fulton superior court. August 27, 1921. The City of Atlanta brought a petition for mandamus against the Georgia Bailway and Power Company, now.the plaintiff in error. In this suit the city alleged: that the defendant was a street-railway corporation and as such operated a double-track street-car line on Lee Street; the pavement on Lee Street was out of repair, uneven, and dangerous to travel; the brick pavement was depressed;'the bricks were worn out and in many places gone; holes appeared along the sides of the track and the bricks; the pavement was no…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. Relative to the duty and obligation of the Georgia Railway and Power Company and its lessor to pave, repair, and maintain the portion of the street between-its tracks and a certain distance on each side of its tracks, and the right of the City of Atlanta to enforce such obligation, are to be found certain statutes passed by -the General Assembly, from which we take the following pertinent extracts: In an act amending the charter of the City of Atlanta, approved September 3, 1881 (Georgia Laws 1880-1, p. 358 et seq.), are to be found the following…
2Cases cited10 opinions
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Reading v. United Traction Co.Supreme Court of Pennsylvania · 1906
- Maltby v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1883
- Burckhardt v. City of AtlantaSupreme Court of Georgia · 1898
- State ex rel. City of Jacksonville v. Jacksonville Street RailroadSupreme Court of Florida · 1892
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3Cited by5 opinions
- Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1935
- Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1930
- Bailey v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- Sutton v. FordSupreme Court of Georgia · 1923
- Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1930