Atlantic & Birmingham Railway Co. v. McKnight
Supreme Court of Georgia
Action for damages. Before Judge Littlejohn. Dooly superior court. May 15, 1905. McEnight sued the Atlantic & Birmingham Bailway Co., alleging that he was the owner of a lot in 'the city of Cordele, which was located on the corner of 10th street and 7th avenue, the former being on the west side of the lot, and the latter on the north side. Upon this lot was a building, the lower story of which was used for storehouses, the upper story being used as a hotel.
Read the full summary
Action for damages. Before Judge Littlejohn. Dooly superior court. May 15, 1905. McEnight sued the Atlantic & Birmingham Bailway Co., alleging that he was the owner of a lot in 'the city of Cordele, which was located on the corner of 10th street and 7th avenue, the former being on the west side of the lot, and the latter on the north side. Upon this lot was a building, the lower story of which was used for storehouses, the upper story being used as a hotel. In 1902 the railway company constructed its line of road along 10th avenue, and has since that time been operating its trains along that…
1Opinion of the Court
.Cobb, P. J.
(After stating the foregoing-facts.) The right of the railway to construct and operate the road longitudinally upon the street is not questioned. That the railway is in the street lawfully is conceded. There was some evidence from which the jury might possibly find that the grading upon both the avenue and the street was done by the railway company; but it is not necessary to determine whether this evidence was sufficient to authorize such a finding, for the reason that the answer of the railway company, construed most strongly against it, in effect admits that it did the grading,…
2Cases cited6 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Campbell v. Metropolitan Street RailroadSupreme Court of Georgia · 1889
- South Carolina Railroad v. SteinerSupreme Court of Georgia · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tift County v. SmithSupreme Court of Georgia · 1963
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- Southern Railway Co. v. LeonardCourt of Appeals of Georgia · 1938
- Athens Terminal Co. v. Athens Foundry & Machine WorksSupreme Court of Georgia · 1907
9 more not listed; retrieve them via the Exa API.