Darien & Western Railroad v. McKay
Supreme Court of Georgia
Condemnation — appeal. Before Judge Seabrook. Liberty superior court. January 18, 1908.
1Opinion of the CourtEvans, P. J.
Under the statutory proceeding to condemn a right of way for railroad purposes the assessors awarded the landowner, EL F. MeCay, $300 damages, and the right to remove the house off the land condemned within four months. From this award MeCay appealed to the superior court. The jury on the trial of the appeal returned the following verdict: "We, the jury, find for H. F. McKay the sum of $700, with the right to move all his improvements off the right of way.” The railroad company moved in arrest of judgment, on the grounds that the verdict was illegal and unauthorized by the pleadings; and also…
2Cases cited3 opinions
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- Atlantic Coast Line Railroad v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1904
- Mitchell v. PrintupSupreme Court of Georgia · 1859
3Cited by8 opinions
- State Highway Board v. WarthenCourt of Appeals of Georgia · 1936
- Patterson v. FountainSupreme Court of Georgia · 1939
- Hinton v. Georgia Power Co.Court of Appeals of Georgia · 1972
- Livsey v. County of WaltonCourt of Appeals of Georgia · 1933
- Eco-Rez, Inc. v. Citizens Bank of SwainsboroCourt of Appeals of Georgia · 1977
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