Georgia Railroad & Banking Co. v. City of Atlanta
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior court. This case was of like kind to that reported in 118 Ga. 486; the dispute being as to the legal existence of any continuation of Yonge street farther south than Decatur street, crossing the railroad tracks of the plaintiff and extending to the city cemetery.
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Equitable petition. Before Judge Pendleton. Fulton superior court. This case was of like kind to that reported in 118 Ga. 486; the dispute being as to the legal existence of any continuation of Yonge street farther south than Decatur street, crossing the railroad tracks of the plaintiff and extending to the city cemetery. The evidence referred to in the first headnote (which was admitted over objection that it was irrelevant, it not being competent to show dedication by the plaintiff or acceptance by the defendant, or prescription) was: The testimony of the city engineer, that no assessment…
1Opinion of the CourtEvans, P. J.
1. In a controversy between a city and a landowner as to the existence of a street across the landowner’s property by dedication or prescriptive use, evidence illustrating- recognition of the strip of land as a street by the city is admissible. The evidence allowed, and of which complaint is made in the 2d, 3d, 4th, and 5th grounds of the amended motion, is admissible.
2. Upon proof by a civil engineer that a certain map is a correct delineation of the streets of a city in the vicinity of the disputed street, the map is admissible for the purpose of illustrating- the evidence relative to the…
2Cases cited2 opinions
- Georgia Railroad & Banking Co. v. City of AtlantaSupreme Court of Georgia · 1903
- McCoy v. Central of Georgia Railway Co.Supreme Court of Georgia · 1908
3Cited by3 opinions
- Bradley v. SheltonSupreme Court of Georgia · 1940
- Napier v. LittleSupreme Court of Georgia · 1911
- McFarland v. DeKalb CountySupreme Court of Georgia · 1968