Nashville, Chattanooga & St. Louis Railway v. Western Union Telegraph Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Bell. Pulton superior court. September 6, 1913. The Western Union Telegraph Company (hereinafter referred to as the telegraph company) sought to condemn a right of way over and along the right of way of the Nashville, Chattanooga & St. Louis Railway (hereinafter referred to as the railroad company) under the Civil Code, §§ 5206 et seq.
Read the full summary
Petition for injunction. Before Judge Bell. Pulton superior court. September 6, 1913. The Western Union Telegraph Company (hereinafter referred to as the telegraph company) sought to condemn a right of way over and along the right of way of the Nashville, Chattanooga & St. Louis Railway (hereinafter referred to as the railroad company) under the Civil Code, §§ 5206 et seq. Under the original notice of July 10, 1912, to the railroad company the telegraph company sought to condemn “a right of way upon which to construct (when necessary), maintain, and operate its telegraph line. . . The…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The first contention raised by the plaintiff in error for decision is, that there is no law in Georgia for amending a notice given to an owner of land as a prerequisite of condemning the land; and, if there is such law, that the amendment proposed in this'case was not sufficient and could not be allowed. Sections 5206 et seq. of the Civil Code of 1910 provide how private property can be condemned for public purposes by corporations. It is provided that if the corporation can not by contract procure the land necessary for public purposes, it shall be lawful…
2Cases cited1 opinion
- Savannah, Florida & Western Railway Co. v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1902
3Cited by3 opinions
- City of Toccoa v. MarchbanksDistrict Court, N.D. Georgia · 1919
- Western Union Telegraph Co. v. Louisville & N. R.District Court, N.D. Georgia · 1917
- Western Union Telegraph Co. v. Nashville, C. & St. L. Ry.District Court, N.D. Georgia · 1917