Brunswick & Western Railroad v. Mayor of Waycross
Supreme Court of Georgia
Petition for injunction. Before Judge Sweat. Ware county. At chambers, May 4, 1894. The Mayor and Council of Waycross passed an ordinance for the extension of Lee avenue across the Bruns-Avick & Western railroad to the public road running parallel with the railroad; directing that the street be opened in the manner provided, and that the railroad company be required to put a crossing over the railroad tracks at the point Avhere the avenue would touch the same, in default of…
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Petition for injunction. Before Judge Sweat. Ware county. At chambers, May 4, 1894. The Mayor and Council of Waycross passed an ordinance for the extension of Lee avenue across the Bruns-Avick & Western railroad to the public road running parallel with the railroad; directing that the street be opened in the manner provided, and that the railroad company be required to put a crossing over the railroad tracks at the point Avhere the avenue would touch the same, in default of which the council would proceed legally to condemn and place said crossing. The railroad company brought its petition…
1Opinion of the Court
Simmons, Justice.
Under the facts of this case we think the judge erred in not granting the injunction prayed for. While it is true the legislature, in the charter of the city of Way-*104cross, granted power to the municipality to lay out and open streets (Acts 1889, p. 897), it did not grant power to take or damage private property for the purpose, or to provide by ordinance for assessing or otherwise ascertaining the amount of compensation. Our constitution declares that “'private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid”…
2Cited by5 opinions
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