Augusta & Savannah Railroad v. Augusta Southern Railroad

Simmons, Chief Justice.

In 1838 the legislature incorporated the Augusta & Waynesboro Railroad, which, according to the charter, was to run “ from the city of Augusta to Waynesboro and thence to suitable and proper point of junction with the Central Railroad.” In 1839 the legislature amended the charter, and added: “No other railroad shall be made to run from the city of Augusta, or from the junction of this railroad with the Central Railroad, and in the same direction, within twenty miles of said road, without the assent of said company.” (Acts 1839, p. 89.) In 1847 Millen was selected as the…