City of Chattanooga v. State

This is a condemnation proceeding instituted by the city of Chattanooga in the circuit court of Hamilton county to condemn land necessary for the extension of one of the streets of that city. The land through which it is *693proposed to run the extension of the street belongs to the State of Georgia, and is at present leased to the Western & Atlantic Railroad or the Nashville, Chattanooga & St. Louis Railway, and is occupied and used by these railroad companies and certain sublessees. A demurrer to the petition was sustained by the trial judge, and his action was affirmed by the court of civil…