Chambers v. Cincinnati & Georgia Railroad
Supreme Court of Georgia
Railroads. Constitutional Law. Damages. Before Judge Underwood. Floyd County. At Chambers, May 1, 1882. To the report contained in the decision, it is only necessary to add that Chambers filed his bill to enjoin the Cincinnati and Georgia Railroad Company from proceeding to build its road through his land pending an appeal from the award of assessors fixing the amount of damage to his land by locating the road thereon. The injunction was denied, and complainant excepted.
1Opinion of the Court
Speer, Justice.
The plaintiff in error seeks this injunction, which was refused by the court below, to restrain the defendant, its agents and employes, from entering on, using and building its railroad upon a certain right of way over said lands of complainant untij just and adequate compensation has been paid therefor, as is provided in article I, section 3, paragraph I of the constitution of this state. The words of this article are as follows:
“ Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.”
It is conceded by the…
2Cases cited7 opinions
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