Bennett v. Western & Atlantic Railroad
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. The franchise of a chartered railroad corporation under which it has authority to maintain and operate a railroad can not be alienated or delegated so as to absolve the railroad company from its obligations and duties to the public without legislative consent relieving the railroad from such obligations. The mere legislative approval of and consent to a sublease or contract made by a chartered railroad company, by which the railroad company leases the right to the use of its tracks to another railroad company, in the absence of any legislative authority exempting the lessor company from…
2Cases cited10 opinions
- Singleton v. Southwestern RailroadSupreme Court of Georgia · 1883
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Macon & Augusta Railroad v. Moses & MayesSupreme Court of Georgia · 1873
- Murray v. Lehigh Valley RailroadSupreme Court of Connecticut · 1895
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
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3Cited by4 opinions
- Central of Georgia Railway Co. v. LeonardCourt of Appeals of Georgia · 1934
- Florida Blue Ridge Corp. v. Tennessee Electric Power Co.Court of Appeals for the Fifth Circuit · 1939
- Hilderbrand v. Nashville, Chattanooga & Saint Louis RailwayCourt of Appeals of Georgia · 1935
- Moore v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1969