Davis v. East Tenn., Va. & Ga. Railway Co.
Supreme Court of Georgia
Railroads. Streets. Damages. Set-off. Evidence. Before Judge Miller. Bibb superior court. April adjourned term, 1890. Ellen Davis sued for damages, alleging that she was the owner of certain wharf lots fronting on a street in Macon and running back to the river, and was entitled to the free and unobstructed use of the street, which was the-only mode of approach to her lot and was laid out by legal authority, especially with the view to giving such approach ; that in her…
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Railroads. Streets. Damages. Set-off. Evidence. Before Judge Miller. Bibb superior court. April adjourned term, 1890. Ellen Davis sued for damages, alleging that she was the owner of certain wharf lots fronting on a street in Macon and running back to the river, and was entitled to the free and unobstructed use of the street, which was the-only mode of approach to her lot and was laid out by legal authority, especially with the view to giving such approach ; that in her purchase of the lot she relied upon the free and unobstructed use of it as one of the elements of value, and such use was…
1Opinion of the Court
Bleckley, Chief Justice.
1. The Macon and Brunswick railroad, extending from Macon to Brunswick, was the property of the State. By virtue of certain acts passed in 1879, it was first leased and then sold to a company which one of these' acts incorporated by the name of the Macon & Brunswick Railroad Company. See Acts of 1878-9, pp. 115-122. The 12th section of that act contains these clauses: that the lessee company which the act provides for “shall have full power and authority to survey, lay out, construct, equip, use and enjoy a railroad *607from the city of Macon to the city of Atlanta,” and…
2Cases cited5 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Wood v. Macon & Brunswick RailroadSupreme Court of Georgia · 1882
- Mayor of Atlanta v. Central Railroad & Banking Co.Supreme Court of Georgia · 1874
- Daly v. Georgia Southern & Florida RailroadSupreme Court of Georgia · 1888
- Marcy v. FriesSupreme Court of Kansas · 1877
3Cited by18 opinions
- Georgia Railroad & Banking Co. v. City of AtlantaSupreme Court of Georgia · 1903
- Swift v. BroylesSupreme Court of Georgia · 1902
- Hurt v. City of AtlantaSupreme Court of Georgia · 1897
- Burrus v. City of ColumbusSupreme Court of Georgia · 1898
- Coker v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1905
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