Legal Opinion

Southwestern Railroad v. Mitchell

Supreme Court of Georgia

Decided December 12, 1882PublishedCited by 21 opinions

Railroads. Corporations. Estoppel. Principal and agent. Easements. Before Judge CRISP. Sumter Superior Court. April adjourned Term, 1882. To the report contained in the decision it is only necessary to add the grounds of the motion for new trial, which were, in substance, as follows: (1.) Because the answers of the jury to the questions propounded to them were each contrary to law, evidence, and the charge of the court.

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Railroads. Corporations. Estoppel. Principal and agent. Easements. Before Judge CRISP. Sumter Superior Court. April adjourned Term, 1882. To the report contained in the decision it is only necessary to add the grounds of the motion for new trial, which were, in substance, as follows: (1.) Because the answers of the jury to the questions propounded to them were each contrary to law, evidence, and the charge of the court. (2.) Because the court erred in propounding to the jury each of the following questions : (a.) Did Coker have permission to build the dam and overflow the land of the railroad…

1Opinion of the Court

Jackson, Chief Justice.

This bill was filed by the South Western Railroad Company against Mitchell to restrain him from erecting a dam across a stream by which certain lands of complainant would be overflowed to their irreparable detriment, it being part of the right of way of the company. The temporary injunction was granted, and the case on the merits came on for trial, the defendant denying the main allegations in the bill, and setting up that he bought the land, mill, etc., from one Coker, who had authority to erect the dam from the company, and before he did buy he enquired of…

2Cases cited1 opinion

  1. Mayor of Macon v. FranklinSupreme Court of Georgia · 1852

3Cited by21 opinions

  1. Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
  2. Pifer v. BrownWest Virginia Supreme Court · 1897
  3. Haslerig v. WatsonSupreme Court of Georgia · 1949
  4. Miller v. SlaterSupreme Court of Georgia · 1936
  5. City Council v. Burum & Co.Supreme Court of Georgia · 1893

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