Atlantic & Birmingham Railway Co. v. Mayor of Cordele
Supreme Court of Georgia
Petition for injunction. Before Judge Littlejohn. Dooly superior court. September G, 1905. The Atlantic and Birmingham Railway Company filed its equitable petition against the Mayor and Council of Cordele, alleging, in brief, as follows: Prior to the extension of its road to the City of Cordele, it obtained the written consent of the mayor and council, and entered into a contract with them, whereby it was granted the right to construct, maintain, and operate its main line of…
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Petition for injunction. Before Judge Littlejohn. Dooly superior court. September G, 1905. The Atlantic and Birmingham Railway Company filed its equitable petition against the Mayor and Council of Cordele, alleging, in brief, as follows: Prior to the extension of its road to the City of Cordele, it obtained the written consent of the mayor and council, and entered into a contract with them, whereby it was granted the right to construct, maintain, and operate its main line of railroad in and through the city and along Tenth avenue, together with all necessarjr side-tracks; and thereupon it…
1Opinion of the Court
Lumpkin, J.'
(After stating the facts.) 1. It is unnecessary to enter into a discussion of the general principles involved in this case, further than to refer to the case of Macon R. Co. v. Macon, 112 Ga. 782. This was not an effort to condemn the tracks of the *375plaintiff as a nuisance, or to have them removed altogether as such, but to require them to be shifted a few feet from the position in which they had been laid down originally along the street. It was insisted that the City of Cordele was without power to make such a requirement. By its charter, however, it was provided that: “The mayor…
2Cases cited3 opinions
- Macon Consolidated Street Railroad v. Mayor of MaconSupreme Court of Georgia · 1901
- Sylvania Water Supply Co. v. OverstreetSupreme Court of Georgia · 1905
- Harrison v. Cotton States Life InsuranceSupreme Court of Georgia · 1887
3Cited by14 opinions
- Willingham v. WillinghamSupreme Court of Georgia · 1941
- Carter v. KublerSupreme Court of the United States · 1943
- Southern Cotton Oil Co. v. OverbySupreme Court of Georgia · 1911
- Elston v. McGlauflinWashington Supreme Court · 1914
- Kilgore v. TillerSupreme Court of Georgia · 1942
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