Brown v. Atlantic & Birmingham Railway Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Parker. Ware superior court. January 20, 1906. Brown and others filed their petition against the Atlantic and Birmingham Railway Company, seeking to enjoin the defendant from tearing up, removing, or abandoning a section of one of its lines of road about nineteen miles in length.
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Petition for injunction. Before Judge Parker. Ware superior court. January 20, 1906. Brown and others filed their petition against the Atlantic and Birmingham Railway Company, seeking to enjoin the defendant from tearing up, removing, or abandoning a section of one of its lines of road about nineteen miles in length. They alleged, that along the section which the defendant intended to tear up they lived, owned property, and did business; that the road ran through or near their lands; that there were several stations on this -section of road, at one of which one of the plaintiffs had located,…
1Opinion of the CourtLumpkin, J.
1. lías a railroad company authority, after it has located, and constructed its line, to abandon it, or a portion of it some nineteen miles in length, tear up its track, and relocate such part of its line over a different route? “It is generally held that where a railroad company to which lias been given the power to choose its particular route between designated termini, has exercised its discretion in this regard, its power of choice is exhausted, and it can not'subsequently change its location without express legislative authority. Thus 'a change can not be made for reasons of convenience,…
2Cases cited26 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Mayor v. HartridgeSupreme Court of Georgia · 1850
- Brown & Allen v. Jacobs' Pharmacy Co.Supreme Court of Georgia · 1902
- Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
- Macon & Birmingham Railroad v. GibsonSupreme Court of Georgia · 1890
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3Cited by15 opinions
- Kansas Wheat Growers Ass'n v. SchulteSupreme Court of Kansas · 1923
- Central of Georgia Railway Co. v. Americus Construction Co.Supreme Court of Georgia · 1909
- Atlantic & Birmingham Railway Co. v. BrownSupreme Court of Georgia · 1907
- State v. Sugarland Ry. Co.Court of Appeals of Texas · 1914
- Bryan v. Louisville & N. R. Co.Court of Appeals for the Eighth Circuit · 1917
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