City Council v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Injunction. Before J udge Callaway. Richmond county. The City Council of Augusta commenced proceedings at law to condemn, for the purpose of extending Cumming street, certain land belonging-to the railroad company, upon, •which, are situated numerous tracks, switches, etc., in .constant use in the business of the railroad; whereupon the railroad company brought its petition for injunction against said proceedings.
Read the full summary
Injunction. Before J udge Callaway. Richmond county. The City Council of Augusta commenced proceedings at law to condemn, for the purpose of extending Cumming street, certain land belonging-to the railroad company, upon, •which, are situated numerous tracks, switches, etc., in .constant use in the business of the railroad; whereupon the railroad company brought its petition for injunction against said proceedings. It showed, as reasons against the opening of the street across its tracks, that the point at which it. would cross them is within the yard limits of the railroad, where they…
1Opinion of the Court
Atkinson, Justice.
1-2. We do not think the court in the present case erred in granting the injunction prayed for. The proposition that the devotion of property under statutory authority to a public use protects it against a subsequent appropriation to another and inconsistent use, unless such subsequent appropriation be by virtue of express statutory authority, or rest upon a power which is necessarily implied from the nature of the uses and purposes declared in the subse-' quent grant, seems to be well established. That the right of eminent domain extends to property which has already been…
2Cases cited4 opinions
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Milwaukee & St. Paul Railway Co. v. City of FaribaultSupreme Court of Minnesota · 1876
- St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883
- Mayor of Atlanta v. Central Railroad & Banking Co.Supreme Court of Georgia · 1874
3Cited by16 opinions
- Town of Poulan v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1905
- Elberton Southern Railway Co. v. State Highway DepartmentSupreme Court of Georgia · 1955
- City of Atlanta v. Airways Parking Co.Supreme Court of Georgia · 1969
- Howard v. City of AtlantaSupreme Court of Georgia · 1940
- City of Atlanta v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1919
11 more not listed; retrieve them via the Exa API.