Legal Opinion

Savannah & Thunderbolt Railroad v. Mayor of Savannah

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 9 opinions

Injunction. Eminent domain. Municipal corporation. Before Judge Schley. At Chambers. February 13th, 1872. Defendant in error filed its bill against plaintiff in error, in which it was charged that on December 11th, 1871, an Act was passed by the General Assembly of Georgia, incorporating certain persons therein mentioned, under the name of The Savannah and Thunderbolt Railroad Company, with power to lay a railroad track through the length of Abercorn street, in the city of…

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Injunction. Eminent domain. Municipal corporation. Before Judge Schley. At Chambers. February 13th, 1872. Defendant in error filed its bill against plaintiff in error, in which it was charged that on December 11th, 1871, an Act was passed by the General Assembly of Georgia, incorporating certain persons therein mentioned, under the name of The Savannah and Thunderbolt Railroad Company, with power to lay a railroad track through the length of Abercorn street, in the city of Savannah, beginning at its junction with Bay street, and to run cars drawn by animal power on said track, within the…

1Opinion of the Court

Montgomery, Judge.

The only question for the consideration of the Court in this case is, has the Legislature the power‘to grant to a street railway the right to run through the squares intersecting Abercorn street, in Savannah, without the consent of the corporation, and without compensation to the city? The Mayor and Aldermen of Savannah hold the title to the streets, squares, lanes, etc., in trust for the “ accustomed use of" the inhabitants of the city, under the Act of May 1st, 1760, and the Acts amendatory thereof: 33 Ga., 614-616. “The corporation cannot alien or grant the public…

2Cases cited2 opinions

  1. People v. LawNew York Supreme Court · 1860
  2. Savannah, Albany & Gulf Railroad v. ShielsSupreme Court of Georgia · 1863

3Cited by9 opinions

  1. City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
  2. Lincoln Street Railway Co. v. City of LincolnNebraska Supreme Court · 1901
  3. Chicago & Calumet Terminal Railway Co. v. Whiting, Hammond & East Chicago Street Railway Co.Indiana Supreme Court · 1894
  4. Eichels v. Evansville Street Railway Co.Indiana Supreme Court · 1881
  5. State ex rel. City of Jacksonville v. Jacksonville Street RailroadSupreme Court of Florida · 1892

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