State ex rel. Habersham v. Savannah & Ogechek Canal Co.
Supreme Court of Georgia
Mandamus, in Chatham Superior Court. Decision by Judge Fleming, at December Term, 1858. Robert W. Habersham and Mary Telfair, trustees of William B. Hodgson and wife, and the said Mary Telfair in her own right, and others, applied to the Superior Court of Chat-ham county for a mandamus, to compel the Savannah and Ogechee Canal Company, to construct a bridge over said canal, at its intersection with the Sabine fields road.
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Mandamus, in Chatham Superior Court. Decision by Judge Fleming, at December Term, 1858. Robert W. Habersham and Mary Telfair, trustees of William B. Hodgson and wife, and the said Mary Telfair in her own right, and others, applied to the Superior Court of Chat-ham county for a mandamus, to compel the Savannah and Ogechee Canal Company, to construct a bridge over said canal, at its intersection with the Sabine fields road. A rule nisi was granted, requiring said company to show cause, why the mandamus should not issue. The Canal Company filed their answer, setting forth certain causes why said…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The first question is, was the Court below right, in overruling the motion for a nonsuit ?
That the Court was, if the evidence was such that it might authorize the jury to find, that it was the duty of the Canal Company to build the bridge; and if mandamus was the remedy, is clear.
The road was either a public road, or, a private road.
If it was a public road, it was clearly the duty of the company, to build the bridge — a duty imposed by the Act of 1833, amendatory of its charter, which Act says; “That whenever the said canal shall intersect a…
2Cases cited2 opinions
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- State ex rel. Waring v. Georgia Medical SocietySupreme Court of Georgia · 1869
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Savannah & Ogeechee Canal Co. v. ShumanSupreme Court of Georgia · 1893
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