Georgia Railroad & Banking Co. v. Mayor of Union Point

The town of Union Point undertook to open a street, at a designated point within the incorporate limits of the municipality, across the tracks and right of way of the Georgia Railroad and Banking Company, without instituting any condemnation proceeding for such purpose, and without the consent of the railroad company. The railroad company brought a petition to perpetually enjoin the town “from taking or undertaking to take the land of petitioner” for this purpose, alleging that the municipality had no authority to do so, and that if certain provisions of itk charter, which will be hereinafter…