Phillips v. Georgia Power Co.

Frankum, Justice.

In each of these cases the plaintiff sought to enjoin defendant, Georgia Power Company, from proceeding with the condemnation of a right of way over the lands of the plaintiff. In each case the plaintiff therein contended in his original complaint that the defendant was seeking to acquire more land than was necessary, and by amendment each of them added the further contention that the provisions of the Special Master Act, under which the condemnor was proceeding, which declares that the exclusive judge of the necessity for the taking of the property shall be the condemning…