Savannah & Western Railroad v. Woodruff
Supreme Court of Georgia
Injunctions. Railroads. Statutes. Elections. Municipal corporations. Streets. Nuisances. Before Judge Smith. Muscogee county.
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Injunctions. Railroads. Statutes. Elections. Municipal corporations. Streets. Nuisances. Before Judge Smith. Muscogee county. At chambers, June 80, 1890. Petition of "Woodruff against the railroad company and the City Mills Company, for injunction against the construction of a side-track and turnout through streets of Columbus and near his property, alleging, among other things, that the mills company is about to erect a mill, and has combined with the railroad company for application to he made, and the consent of the mayor and council to he obtained, for the construction and operation of a…
1Opinion of the Court
Bleckley, Chief Justice.
1. "Without legislative authority, the city government of Columbus could not authorize the construction and use of a side-track for a steam railway over and upon the public streets of the' city. Kavanagh v. R. R. Co., 78 Ga. 271; Daly v. R. R. Co., 80 Ga. 793. The needful authority is sought to be derived from the act of 1857, and from a vote of the citizens taken under that act in 1887. The title of the act is “An Act to authorize the connection of the Muscogee Railroad with the Opelika Branch Railroad and the Mobile and Girard Railroad, at Columbus,.” Under this…
2Cases cited3 opinions
- Daly v. Georgia Southern & Florida RailroadSupreme Court of Georgia · 1888
- Kavanagh v. Mobile & Girard RailroadSupreme Court of Georgia · 1887
- Cohen v. Bank of the StateSupreme Court of Georgia · 1888
3Cited by13 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Miller v. ColemanSupreme Court of Georgia · 1957
- Burrus v. City of ColumbusSupreme Court of Georgia · 1898
- Coker v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1905
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