Roll v. City Council
Supreme Court of Georgia
Case, etc. In Richmond Superior Court. Tried before Judge Holt. June Term. 1860. This was an action by the plaintiff against the defendant, seeking to recover damages for permitting the South Carolina Railroad Company to construct and use a railroad track along Washington street, and for causing a plank road tobe constructed on said street, and another on Reynolds street— all of them adjacent to certain real estate belonging to the plaintiff, and used by him as a carriage…
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Case, etc. In Richmond Superior Court. Tried before Judge Holt. June Term. 1860. This was an action by the plaintiff against the defendant, seeking to recover damages for permitting the South Carolina Railroad Company to construct and use a railroad track along Washington street, and for causing a plank road tobe constructed on said street, and another on Reynolds street— all of them adjacent to certain real estate belonging to the plaintiff, and used by him as a carriage shop for the manufacture, repair, and sale of carriages. It was alleged that these works elevated the streets, or parts of…
1Opinion of the CourtLumpkin, C. J.
Whatever doubts may have been entertained, formerly, as to the claim against the City Council of Augusta, here set up by Mr. Eoll, the authorities, both in England and in this country, are too strong to be controverted. If the Legislature think proper to award damages, under such circumstances, let them say so ; otherwise, the parties who suffer are without remedy, — the Legislature considering that the *328interests of individuals must give way to the accommodation of the public.
This case is so fully covered by the Mayor and Council of Rome vs. Omberg, 28 Ga. Reports, and the precedents there…
2Cited by10 opinions
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- Hurt v. City of AtlantaSupreme Court of Georgia · 1897
- Gillison v. City of CharlestonWest Virginia Supreme Court · 1880
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