Harvey v. Ga. So. & Fla. Railroad
Supreme Court of Georgia
Railroads. Damages. Nuisance. Before Judge Miller. Bibb superior court. November adjourned, term, 1890. The petition of ITarvey et al., owners of a store and dwelling-houses at the corner of Fourth street and a twenty-foot alley, prayed for injunction against the obstruction by the defendant corporations of the alley where it divides two city lots owned by them, these two lots being between Fifth street and the lot in which is situated the property of the plaintiffs.
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Railroads. Damages. Nuisance. Before Judge Miller. Bibb superior court. November adjourned, term, 1890. The petition of ITarvey et al., owners of a store and dwelling-houses at the corner of Fourth street and a twenty-foot alley, prayed for injunction against the obstruction by the defendant corporations of the alley where it divides two city lots owned by them, these two lots being between Fifth street and the lot in which is situated the property of the plaintiffs. A temporary injunction was granted, with allowance to the defendants to lay railroad tracks across the alley; and the judgment…
1Opinion of the Court
*67 Judgment reversed.
The petition alleges that when the plaintiffs purchased their property they purchased an easenxent ixi the alley, axxd have occupied axxd used it ixx conjunctioxx with other citizexxs for year’s, payixxg a good i’ouxid px’ice’ for it, for when the propex’ty was pux’chased xnaixy huxxdx’ed dol lars more were paid for it than adjoinixxg property of the same size could be bought for, on account of this alley privilege which made their propex'ty especially valuable owing to the open thoroughfare which is the direct line of travel for a large nuxnber of customex-s who have been…
2Cited by12 opinions
- Buhl v. Fort Street Union Depot Co.Michigan Supreme Court · 1894
- American Const. Co. v. CaswellCourt of Appeals of Texas · 1911
- City of Lynchburg v. PetersSupreme Court of Virginia · 1926
- Hall v. BrowningSupreme Court of Georgia · 1943
- Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
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