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GEORGIA v. CINCINNATI SO. RY.

No. 21 Original.

248 U.S. 26 (1918)

STATE OF GEORGIA v. THE TRUSTEES OF THE CINCINNATI SOUTHERN RAILWAY AND THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY.

Supreme Court of United States.

Decided November 18, 1918.

Attorney(s) appearing for the Case

Mr. William A. Wimbish for complainant.

Mr. Edward Colston, with whom Mr. Michael M. Allison, Mr. Washington T. Porter, Mr. John Weld Peck and Mr. Henry T. Hunt were on the briefs, for defendants.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit brought in this Court by the State of Georgia to prevent the defendants from longer occupying or using any portion of the right of way of the Western and Atlantic Railroad, a railroad built and owned by the plaintiff State. The question, although argued at considerable length, is a very short one. On October 8, 1879, the State passed an act sufficiently...

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