Southern Railway Co. v. Combs
Supreme Court of Georgia
Action for damages. Before Judge Reagan. Henry superior court. August 7, 1905. , W. J. Combs brought suit against the Southern Railway Company, and alleged: On September 5, 1900, .there existed near petitioner’s residence, in Henry county, a public-road crossing, where the Peeksville and Hampton public road, legally recognized as a public road for thirty years, more or less, crossed the track of the defendant at the same grade, and was recognized by it as a public road.
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Action for damages. Before Judge Reagan. Henry superior court. August 7, 1905. , W. J. Combs brought suit against the Southern Railway Company, and alleged: On September 5, 1900, .there existed near petitioner’s residence, in Henry county, a public-road crossing, where the Peeksville and Hampton public road, legally recognized as a public road for thirty years, more or less, crossed the track of the defendant at the same grade, and was recognized by it as a public road. On September 5, 1900, two mules and a wagon of petitioner were being driven by his servant over the crossing, when they were…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) 1-4. The term “highway,” in its popular sense, is a road or way open to the use of the public; a main road or thoroughfare. Webster’s Int. Diet. A way open to all the people is a highway. Though every public thoroughfare is a highway, it is not essential that every highway should be a thoroughfare. Elliott on Eoads and Streets (2d ed.), §1 et seq. A road which leads only to the residence of a single individual may be a highway. Every thoroughfare which is used by the public, and, in the language of the English books, is common to all the king’s subjects, is a…
2Cases cited11 opinions
- Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
- Willingham v. Macon & Birmingham Railway Co.Supreme Court of Georgia · 1901
- Macon & Western R. R. v. WinnSupreme Court of Georgia · 1856
- Macon & Western Railroad v. WinnSupreme Court of Georgia · 1858
- Macon & Western Rail Road v. DavisSupreme Court of Georgia · 1855
6 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Schlesinger v. City of AtlantaSupreme Court of Georgia · 1925
- Healey v. City of AtlantaSupreme Court of Georgia · 1906
- Central of Georgia Railway Co. v. KeatingSupreme Court of Georgia · 1933
- Dunaway v. WindsorSupreme Court of Georgia · 1944
- Johnson v. StateCourt of Appeals of Georgia · 1907
47 more not listed; retrieve them via the Exa API.