Seaboard Air-Line Railway v. McMurrain
Supreme Court of Georgia
Action for damages. Before Judge Little. Chattahoochee superior court. August 26, 1907. S. D. McMurrain brought suit for damages against the Seaboard Air-Line Bailway. Among other things he alleged as follows: The right of way and tracks concerning which this ease arose were originally owned, constructed, and operated by the Columbus Southern Bailway Company, but are now owned and operated by the Seaboard Air-Line Bailway.
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Action for damages. Before Judge Little. Chattahoochee superior court. August 26, 1907. S. D. McMurrain brought suit for damages against the Seaboard Air-Line Bailway. Among other things he alleged as follows: The right of way and tracks concerning which this ease arose were originally owned, constructed, and operated by the Columbus Southern Bailway Company, but are now owned and operated by the Seaboard Air-Line Bailway. The right of way and tracks run in part through land lots numbers 34 and 35 in the town of Cusseta, and extend east and west. Plaintiff’s residence is located on lot number…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) As a general rule owners of adjoining lands owe to each other the lateral support of the soil of each to that of the other in its natural state. Civil Code, §§3047, 3048. The right of lateral or subjacent support is closely connected with the right of an owner to preserve his property intact. If a wrong is done in this regard, causing damage, he may recover therefor. But there is nothing in the law which prevents an owner of land from agreeing to a removal of lateral support, or which prevents him from making such a grant as carries with it the right of…
2Cases cited9 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
- Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Mitchell v. Mayor of RomeSupreme Court of Georgia · 1872
- Shahan v. Alabama Great Southern RailroadSupreme Court of Alabama · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Central Georgia Power Co. v. PopeSupreme Court of Georgia · 1915
- Louisville & Nashville Railroad v. West End Heights Land Co.Supreme Court of Georgia · 1910