Seaboard Air-Life Railway v. Ocilla Southern Railroad
Supreme Court of Georgia
Equitable petition. Before Judge George. Irwin superior court. July 7, 1914. The Seaboard Air-Line Bailway brought its petition against J. A. J. Henderson and 'the Ocilla Southern Bailroad Company, alleging in substance as follows: S. Davies Warfield and B. Lancaster Williams, as receivers appointed by the United States court and then in charge of and operating the Seaboard Air-Line Bail-way, under proper authority of the court of their appointment, on March 20, 1909,…
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Equitable petition. Before Judge George. Irwin superior court. July 7, 1914. The Seaboard Air-Line Bailway brought its petition against J. A. J. Henderson and 'the Ocilla Southern Bailroad Company, alleging in substance as follows: S. Davies Warfield and B. Lancaster Williams, as receivers appointed by the United States court and then in charge of and operating the Seaboard Air-Line Bail-way, under proper authority of the court of their appointment, on March 20, 1909, entered into a contract of lease with Henderson for certain steel rails, angle-bars, and fish-plates for a term of six years,…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
It was error to dismiss this case as to the O cilia Southern Bail-road Company on general demurrer. The petition alleged that the *412plaintiff leased the rails and fastenings to Henderson, who either assigned the lease or sublet the property to that company, which was in possession and had adopted the contract, and that the defendants had failed to pay the rent and refused to deliver the leased property. In regard to rights of way it has been held that when a railroad company is in possession of land using it as a right of way, although not having acquired the…
2Cases cited6 opinions
- Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
- Potts-Thompson Liquor Co. v. PottsSupreme Court of Georgia · 1910
- A. J. Williams & Co. v. TerrellSupreme Court of Georgia · 1875
- Waycross Air-Line Railroad v. Southern Pine Co.Supreme Court of Georgia · 1902
- Webster Lumber Co. v. Keystone Lumber & Mining Co.West Virginia Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Morgan v. ArgardSupreme Court of Georgia · 1918
- Henderson v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1918