Burckhardt v. City of Atlanta
Supreme Court of Georgia
Petition for injunction. Before Judge Lumpkin. Fulton county. September 13, 1897. In 1883 the City of Atlanta, under the amendment to its charter of September 3, 1881 (Acts of 1881, p. 358), caused Washington street to be paved in its roadway from Waverly place to Crumley street, a distance of 10 blocks, with macadam.
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Petition for injunction. Before Judge Lumpkin. Fulton county. September 13, 1897. In 1883 the City of Atlanta, under the amendment to its charter of September 3, 1881 (Acts of 1881, p. 358), caused Washington street to be paved in its roadway from Waverly place to Crumley street, a distance of 10 blocks, with macadam. In 1897, the city proceeded under the act before mentioned, and under the further amendment to its charter contained in Acts of 1890-91, vol. 1, p. 229, to lay a new pavement on that street for the five blocks from Waverly place to Woodward avenue, with wooden blocks known as…
1Opinion of the CourtLewis, J.
The facts are stated in the official report.
1. By virtue of the act approved October 10, 1891 (Acts of 1890-1891, vol. 1, p. 229), authority is given any city of this State, having a population of over twenty thousand, to pave again any street on which the pavements are worn out and useless. It is insisted by counsel for plaintiff in error that this authority does not carry with it the power to pave simply a portion of the street. If this contention be correct, then no part of a street could be repaved until the pavement throughout the entire length of the street had become worn out and…
2Cases cited5 opinions
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- State ex rel. Hardwick v. SwearingenSupreme Court of Georgia · 1852
- Regenstein v. City of AtlantaSupreme Court of Georgia · 1896
- Bacon v. Mayor of SavannahSupreme Court of Georgia · 1890
- Mayor of Athens v. CamakSupreme Court of Georgia · 1885
3Cited by18 opinions
- City of Denver v. KennedySupreme Court of Colorado · 1905
- Macon Consolidated Street Railroad v. Mayor of MaconSupreme Court of Georgia · 1901
- Bacon v. Mayor of SavannahSupreme Court of Georgia · 1898
- Hardwick v. City of DaltonSupreme Court of Georgia · 1913
- Washington, Alexandria & Mt. Vernon Railway Co. v. City Council of AlexandriaSupreme Court of Virginia · 1900
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