Western & A. R. R. v. Railroad Commission
District Court, N.D. Georgia
In Equity. Suit by the Western & Atlantic Railroad against the Railroad Commission of Georgia and others. On application for injunction pendente lite. An application for injunction, pendente lite and permanent, was made by the Western & Atlantic Railroad against the Railroad Commission of Georgia, to prevent the enforcement of an order requiring the putting in of an additional side track at Smyrna, Ga.
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In Equity. Suit by the Western & Atlantic Railroad against the Railroad Commission of Georgia and others. On application for injunction pendente lite. An application for injunction, pendente lite and permanent, was made by the Western & Atlantic Railroad against the Railroad Commission of Georgia, to prevent the enforcement of an order requiring the putting in of an additional side track at Smyrna, Ga. The petition, though averring the amount involved to be more than $3,000, discloses that the total cost of the construction would be $1,260, and the estimated annual cost of maintenance to be…
1Opinion of the Court
SIBREY, District Judge.
No right is involved of the violation of which this case is but an instance, because the general right of the Railroad Commission to require the construction of side tracks is not questioned. The propriety of requiring the construction of this particular track is alone in issue. The cost in material and labor is stated in the petition to be but $1,260, and this amount alone is involved. The value of the portion of the right of way to be occupied by the track is not to be considered, because the land is not taken from the company, but is only devoted to a railroad…
2Cited by1 opinion
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