Rome Gas-Light Co. v. Meyerhardt
Supreme Court of Georgia
Easements. Notice. Decrees. Before Judge McOutchen. Eloyd Superior Court. January Term, 1878. Meyerhardt and wife’ filed their bill against the Eome Gas-Light Company.
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Easements. Notice. Decrees. Before Judge McOutchen. Eloyd Superior Court. January Term, 1878. Meyerhardt and wife’ filed their bill against the Eome Gas-Light Company. They alleged that they were the owners of two lots in the city of Eome; that defendant, had unlawfully, and without their knowledge or consent, run its pipes across these lots; that they had erected valuable improvements, and in excavating a cellar had found one of defendant’s pipes, which was put together in sections, so that it was liable to break and do irreparable damage if the dirt was dug from under it. They claimed the…
1Opinion of the Court
Warner, Chief Justice.
This was a bill filed by the complainant against the defendant, with a prayer for an injunction upon the allegations contained therein, to restrain it from using its gas pipes on certain described premises, for conveying or passing its gas from its gas works to Broad street, or for any like purpose, forever. On the trial of the cause, the jury, under the charge of the court, found the following verdict: “We, the jury, find for the complainant, in that the defendant remove the pipe at its own expense within ninety days, making the walls good, finding no damage.” A motion…
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