Chattanooga, Rome & Southern Railroad v. Philpot

An application was brought for the purpose of condemning land for a private way, under the provisions of the Political Code, §§661 et seq. The way which the petitioners prayed might be granted to them extended across the track and right of way of a railroad company, as well as across the lands of private individuals. In response to the notice served upon the owners of the property sought to be condemned, the railroad company appeared and interposed objections to the granting of the application; one of the objections being that there was not such a necessity for the proposed private way as was…