Legal Opinion

Southern Railway Co. v. Combs

Supreme Court of Georgia

Decided February 19, 1906PublishedCited by 52 opinions

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

  1. Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
  2. Willingham v. Macon & Birmingham Railway Co.Supreme Court of Georgia · 1901
  3. Macon & Western R. R. v. WinnSupreme Court of Georgia · 1856
  4. Macon & Western Railroad v. WinnSupreme Court of Georgia · 1858
  5. Macon & Western Rail Road v. DavisSupreme Court of Georgia · 1855

6 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Schlesinger v. City of AtlantaSupreme Court of Georgia · 1925
  2. Healey v. City of AtlantaSupreme Court of Georgia · 1906
  3. Central of Georgia Railway Co. v. KeatingSupreme Court of Georgia · 1933
  4. Dunaway v. WindsorSupreme Court of Georgia · 1944
  5. Johnson v. StateCourt of Appeals of Georgia · 1907

47 more not listed; retrieve them via the Exa API.

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