Cleveland v. City Council of Augusta

The railroad company, in the construction of its line of railroad in the year 1880, laid its track across a public highway outside of but near the then corporate limits of the city of Augusta. In 1882 the corporate limits of Augusta were by legislative authority so extended as to include the area over which said track crossed the highway. In 1893 the city undertook a public improvement for the purpose of protecting the city from overflows of the Savannah river, and determined during the course of such improvement to raise the level of the highway or street at the point where it was crossed or…