Garbutt Lumber Co. v. Georgia & Alabama Railway

The Georgia and Alabama Railway, a corporation,, brought its petition against the Garbutt Lumber Company, a partnership, in which it alleged that the defendant was seeking to condemn a right of way for a tramroad across the track of the plaintiff at a designated point. It was alleged that the defendant was seeking to condemn, not for any public, but for a purely private purpose, and that there was no law of Georgia by which the defendant could exercise the right to take or damage the property of the plaintiff for that purpose. Attached to the 'petition as an exhibit was a notice to the…