Hiers v. Mill Haven Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Evans. Screven superior court. May 6, 1901. The plaintiff is conducting a sawmill and timber business on the Savannah river in Screven county, and in connection therewith he operates a tramroad, propelling his cars by horse-power.
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Petition for injunction. Before Judge Evans. Screven superior court. May 6, 1901. The plaintiff is conducting a sawmill and timber business on the Savannah river in Screven county, and in connection therewith he operates a tramroad, propelling his cars by horse-power. The defendant corporation, having set up another such business on the-same river and not far from that of the plaintiff, and having obtained a grant of way for a tramroad, to be operated by steam-power, from the same person who originally granted the way over which the plaintiff’s road runs, and being about to construct a…
1Opinion of the CourtCobb, J.
Without regard to the question as to whether the instrument under which Hiers claims created an estate for years, .an easement, or a license in Deaton and his assignees, the tram-road which has been constructed upon the land of Wade is, for the term specified in the contract, the property of Hiers, and he is -entitled to the free enjoyment thereof without molestation or hindrance from Wade or any one claiming under him. The conclusion just stated can be properly reached even though the rights of Hiers upon the land of Wade be those of a licensee only. In Cook v. Pridgen, 45 Ga. 339, 340,…
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