Harrold Bros. v. Mayor of Americus
Supreme Court of Georgia
Injunction. Before Judge Littlejohn. Sumter superior court. January 10, 1914. About the year 1855 George M. Dudley owned a tract of land in the City of Americus, and in that year he laid out a street through it, known as Hampton street, which he dedicated to the use of the public, and sold off various lots abutting both sides of it, giving the street as a boundary.
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Injunction. Before Judge Littlejohn. Sumter superior court. January 10, 1914. About the year 1855 George M. Dudley owned a tract of land in the City of Americus, and in that year he laid out a street through it, known as Hampton street, which he dedicated to the use of the public, and sold off various lots abutting both sides of it, giving the street as a boundary. The plaintiffs are successors in title of Dudley to certain lots on Hampton street, owning property on both sides of it. Hampton street begins at the depot of the Central of Georgia Railway Company, crosses Lamar street, and…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The fundamental proposition presented by this writ of error is, whether the spur-track proposed to be laid longitudinally in Hampton street, between Wheeler and Lamar streets, in the City of Am'ericus, will be devoted to a public or private use. A taking of private property for private use is opposed to the elemental conception of individual ownership, and forbidden by the organic law of the State and the Hnited States. A railroad company is a public institution, and to effectuate the public purpose for which it was created it is given the right of…
2Cases cited18 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Ulmer v. Lime Rock RailroadSupreme Judicial Court of Maine · 1904
- Chicago, Burlington & Northern Railroad v. PorterSupreme Court of Minnesota · 1890
- Kansas City, S. & G. Ry. Co. v. Louisiana W. R.Supreme Court of Louisiana · 1905
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Tietjen v. MeldrimSupreme Court of Georgia · 1930
- Tift v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1925
- Louisville & Nashville Railroad v. Atlantic Co.Court of Appeals of Georgia · 1942
- Department of Transportation v. LivaditisCourt of Appeals of Georgia · 1973
- Harrold v. Central of Georgia Railway Co.Supreme Court of Georgia · 1915
13 more not listed; retrieve them via the Exa API.