Hightower v. Chattahoochee Industrial Railroad

Grice, Justice.

A property owner assigned error upon the trial judge's denial of an interlocutory injunction against condemnation of a portion of his land by a railroad.

Hilton E. Hightower sought injunctive relief against Chattahoochee Industrial Railroad, which had recently been granted its charter by the Secretary of State and was seeking a right of way for the original lay out and construction of its lines. Upon the interlocutory hearing, evidence was submitted on behalf of each of these parties.

In their oral arguments and briefs submitted here, counsel have narrowed and defined the issues…