Carlton v. Seaboard Air-Line Railway
Supreme Court of Georgia
Action for damages. Before Judge Edwards. Polk superior court. March 4, 1914. II. M. Carlton instituted an action agajnst the Seaboard AirLine Bailway, to enjoin the closing of a wagon-road which passed under the defendant’s trestle, and to recover damages. The defendant was engaged in “filling in” the trestle, the work having been commenced shortly before the suit was filed. On an interlocutory hearing the judge refused an ad interim injunction, and the plaintiff excepted.
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Action for damages. Before Judge Edwards. Polk superior court. March 4, 1914. II. M. Carlton instituted an action agajnst the Seaboard AirLine Bailway, to enjoin the closing of a wagon-road which passed under the defendant’s trestle, and to recover damages. The defendant was engaged in “filling in” the trestle, the work having been commenced shortly before the suit was filed. On an interlocutory hearing the judge refused an ad interim injunction, and the plaintiff excepted. No supersedeas having been granted, the defendant completed the work. This fact having been duly presented to this…
1Opinion of the CourtAtkinson, J.
1. In order to recover damages from the railroad company for obstructing the private way, it was essential that the plaintiff should be entitled to maintain a road at the place where the defendant obstructed it. As to this feature of the case, the plaintiff projected his suit, first, upon the theory that he had title, and, though he had executed a deed conveying the land on which the railroad was constructed, that the deed did not operate to deprive him of the use of the existing private way which was intersected by the strip of land so granted; and, second, upon the theory that if the deed…
2Cases cited3 opinions
- Kirkland v. PitmanSupreme Court of Georgia · 1904
- Charleston & Western Carolina Railway Co. v. FlemingSupreme Court of Georgia · 1903
- Charleston & Western Carolina Railway Co. v. FlemingSupreme Court of Georgia · 1904
3Cited by7 opinions
- Tift v. Golden Hardware Co.Supreme Court of Georgia · 1949
- Rogers v. WilsonSupreme Court of Georgia · 1931
- Burk v. TyrrellSupreme Court of Georgia · 1956
- Srochi v. PostellSupreme Court of Georgia · 1949
- Central of Georgia Railroad v. DEC Associates, Inc.Court of Appeals of Georgia · 1998
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