Latham Homes Sanitation, Inc. v. CSX Transportation, Inc.
Court of Appeals of Georgia
1Opinion of the Court
Eldridge, Judge.
On August 23, 1996, Latham Homes Sanitation, Inc. and Mattie B. Acey brought a petition for the removal of obstructions from a private way in the Probate Court of Fulton County against CSX Transportation, Inc., because on July 30, 1996, CSX removed the railroad crossing and placed broken asphalt, railroad ties, and other debris, thereby blocking the crossing that they had previously used. They sought emergency removal of the obstruction under OCGA § 44-9-59, but also sought damages for interfering with their use of the private way. On October 23, 1996, a hearing was held, and…
2Cases cited23 opinions
- Georgia Power Co. v. LeonardSupreme Court of Georgia · 1939
- Southern Railway Co. v. LawsonSupreme Court of Georgia · 1987
- Eileen B. White & Associates, Inc. v. GunnellsSupreme Court of Georgia · 1993
- INSILCO CORPORATION v. First National Bank of DaltonSupreme Court of Georgia · 1981
- Jackson v. RogersSupreme Court of Georgia · 1949
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