Postal Telegraph-Cable Co. v. Peyton
Supreme Court of Georgia
Condemnation. Before Judge Kimsey. Habersham superior court. March term, 1905. The Postal Telegraph-Cable Company instituted condemnation proceedings against John T. Peyton, for the purpose of acquiring the right to construct one of its lines over a tract of land in Haber-sham county of which he was the owner.
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Condemnation. Before Judge Kimsey. Habersham superior court. March term, 1905. The Postal Telegraph-Cable Company instituted condemnation proceedings against John T. Peyton, for the purpose of acquiring the right to construct one of its lines over a tract of land in Haber-sham county of which he was the owner. In the notice served upon him the statement was made that: “The said Postal Telegraph-Cable Company desires to construct a single line of poles along, upon, and across” the above-mentioned tract of land, by “the erection of poles about 25 feet long, one foot in diameter at the base, and…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) A jury can not be left to roam without any evidence in the ascertainment and assessment of damages. The damages which the law allows to be assessed in favor of a landowner whose property has been taken or damaged under the right of eminent domain are purely compensatory. Thé land actually appropriated by the telegraph company amounted to only a. fraction of an acre; and while it appeared- that the construction and maintenance of the telegraph line would cause consequential damages to the plaintiff, no proof was offered from, which any fair and reasonable estimate of…
2Cases cited1 opinion
- Swift v. BroylesSupreme Court of Georgia · 1902
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- Municipal Electric Authority v. AnglinCourt of Appeals of Georgia · 1986
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