Jones v. Wills Valley Railroad
Supreme Court of Georgia
Assessment of Damages, in Dade Superior Court. Tried before Judge Crook, at June Term, 1859. , This was a proceeding to assess damages sustained by James H. Jones for, and on account of, the right of way for the construction of a railroad through his land. Upon the trial on the appeal, counsel for Jones (the railroad being the appellant) moved to dismiss the appeal, upon the ground that the same was not taken within the time prescribed by law.
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Assessment of Damages, in Dade Superior Court. Tried before Judge Crook, at June Term, 1859. , This was a proceeding to assess damages sustained by James H. Jones for, and on account of, the right of way for the construction of a railroad through his land. Upon the trial on the appeal, counsel for Jones (the railroad being the appellant) moved to dismiss the appeal, upon the ground that the same was not taken within the time prescribed by law. The statute providing “That the award of a majority of the appraisers, in writing, shall operate as a judgment-for the amount against the company, and…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
As to the appeal, not having been entered in time, the first point made in the bill of exceptions, t-hat point is settled against the plaintiff in error, in Armstrong against the Oglethorpe Bridge & Turnpike Company, (18 Ga. Rep., 609;) and The State vs. Dean, (9 Ga. Rep., 400.)
The main question to which our attention has been called by the learned counsel is, what shall be the rule in estimating the damages to be assessed against the Wills Valley Eailroad Company for seizing and appropriating the land of the citizen for the construction of…
2Cases cited3 opinions
- Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
- Wooten & Co. v. NallSupreme Court of Georgia · 1855
- Smith v. DicksonSupreme Court of Georgia · 1851
3Cited by4 opinions
- Wright v. Metropolitan Atlanta Rapid Transit AuthoritySupreme Court of Georgia · 1981
- Gilbert v. Savannah, Griffin & North Alabama RailroadSupreme Court of Georgia · 1882
- Stansell & Rape Bros. v. City of McDonoughCourt of Appeals of Georgia · 1934
- Selma, Rome & Dalton Railroad v. GammageSupreme Court of Georgia · 1879