Atlantic & Birmingham Railway Co. v. Mayor of Montezuma
Supreme Court of Georgia
Petition for injunction. Before Judge Littlejohn. Macon superior court. November 2, 1904 On April 7, 1902, in consideration of the mutual benefits arising to each party it was agreed that the Mayor and Council of Montezuma would secure for the Atlantic and Birmingham Railroad Company a right of way from the line of Macon county to Flint river, including right of way to and through Cherry street in Montezuma, Ga., and would hold the railroad company harmless from any damages…
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Petition for injunction. Before Judge Littlejohn. Macon superior court. November 2, 1904 On April 7, 1902, in consideration of the mutual benefits arising to each party it was agreed that the Mayor and Council of Montezuma would secure for the Atlantic and Birmingham Railroad Company a right of way from the line of Macon county to Flint river, including right of way to and through Cherry street in Montezuma, Ga., and would hold the railroad company harmless from any damages arising from the operation of said road through Cherry street which might be claimed by the owners of the property…
1Opinion of the CourtLamar, J.
There is a “marked difference between the lawful and unlawful use of railroad property.” Austin v. Augusta Terminal Ry. Co., 108 Ga. 690. Both the contract and the Civil Code, § 2167, par. 5, permitting the longitudinal use of the street, must be construed to authorize only lawful use, and not the creation or maintenance of a nuisance thereon. . Streets and highways are intended primarily for the purposes of travel and transportation. When a railroad company is authorized to lay its track thereon, there is a conclusive presumption that the usé thereunder must he for similar purposes. A…
2Cases cited3 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Kavanagh v. Mobile & Girard RailroadSupreme Court of Georgia · 1887
3Cited by11 opinions
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Coker v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1905
- City of Acworth v. Western & Atlantic RailroadSupreme Court of Georgia · 1925
- Louisville & Nashville Railroad v. EllisCourt of Appeals of Georgia · 1936
- Athens Terminal Co. v. Athens Foundry & Machine WorksSupreme Court of Georgia · 1907
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