Burch v. Augusta, Gibson & Sandersville Railroad
Supreme Court of Georgia
Evidence. Yerdict. New Trial. Before Judge Roney. Richmond superior court. April term, 1887. Burch brought an action of trespass against the railroad company, alleging that in defiance of his protest, it entered on his land, making him no tender of damages and refusing to recognize his right to any, and took possession of a strip thirty feet wide, and made its road-bed, severing his farm in two, and damaging him in certain specified ways.
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Evidence. Yerdict. New Trial. Before Judge Roney. Richmond superior court. April term, 1887. Burch brought an action of trespass against the railroad company, alleging that in defiance of his protest, it entered on his land, making him no tender of damages and refusing to recognize his right to any, and took possession of a strip thirty feet wide, and made its road-bed, severing his farm in two, and damaging him in certain specified ways. The defendant pleaded the general issue, and set up an agreement, signed by Burch, among others, “ to give and deed the right of way to said company, in the…
1Opinion of the Court
Blandford, Justice.
Burch signed a written agreement presented to him by *298one of the agents of this railroad company, whereby he agreed that if the survey of the railroad should run through his lands, he would give the right of way through the same for thirty feet. On this trial* of this case, the writing was introduced in evidence. Burch sought to avoid the effect of it by offering himself and others as witnesses to px-ove what he stated to this agent before he signed the paper, that is, that they might come through his land if they desired to do so, but that they must come along a certain…
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