Georgia Railroad & Banking Co. v. City of Atlanta
Supreme Court of Georgia
Petition for injunction. Before Judge Lumpkin. Eulton superior court. April 18, 1903. The petition of the Georgia Railroad and Banking Company against the City of Atlanta alleges, in brief, that the plaintiff claims title to and possession by its tenants of a strip of land in the city, between the tracks of its railroad on the north and the lands of the Eulton Bag and Cotton Mills and others on the south; that it acquired title to this strip in 1844, by deed of Benjamin…
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Petition for injunction. Before Judge Lumpkin. Eulton superior court. April 18, 1903. The petition of the Georgia Railroad and Banking Company against the City of Atlanta alleges, in brief, that the plaintiff claims title to and possession by its tenants of a strip of land in the city, between the tracks of its railroad on the north and the lands of the Eulton Bag and Cotton Mills and others on the south; that it acquired title to this strip in 1844, by deed of Benjamin Little conveying to it land of which this was a part, and has never parted with its title; that the strip is necessary to it…
1Opinion of the CourtLamar, J.
As dedication implies a gift and involves an active, not a passive, state of the donor’s mind, the owner may testify as to his intent, though that may be overcome by conduct inconsistent with his testimony. City of Chicago v. Chicago Ry. Co., 152 Ill. 561. Here there was no evidence to rebut the testimony of the officers of the company that there had been no purpose to dedicate this land as a street, and its conduct in repairing the same for its own private use, and its action in building tracks longitudinally along the strip was inconsistent with the theory that it had been set apart as a…
2Cases cited7 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- Phillips v. Mayor of Stone MountainSupreme Court of Georgia · 1878
- Davis v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
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3Cited by58 opinions
- Healey v. City of AtlantaSupreme Court of Georgia · 1906
- Mayor of Shellman v. SaxonSupreme Court of Georgia · 1910
- Johnson v. StateCourt of Appeals of Georgia · 1907
- Town of Paden City v. FeltonWest Virginia Supreme Court · 1951
- Georgia Railway & Electric Co. v. Oakland CitySupreme Court of Georgia · 1907
53 more not listed; retrieve them via the Exa API.