CITY OF DOUGLAS v. ATLANTIC COAST LINE RAILROAD CO.

17382.

207 Ga. 690 (1951)

64 S.E.2d 63

CITY OF DOUGLAS v. ATLANTIC COAST LINE RAILROAD CO. et al.

Supreme Court of Georgia.

March 12, 1951.


Attorney(s) appearing for the Case

Ward Whelchel and George E. Maddox, for plaintiff.

R. A. Moore, B. G. Oberry, Alston, Foster, Sibley & Miller, and Matthews & Hendrix for defendants.


DUCKWORTH, Chief Justice.

1. The defendants' demurrer to the petition of the City of Douglas to condemn land for the extension of a street and to enjoin the defendants from erecting any structure on the land involved was sustained, and this judgment is excepted to here. The charter of 1899, as amended in 1921 (Ga. L. 1921, p. 870), in conferring upon the city the power of eminent domain to widen, extend, or open streets, lanes, alleys, etc., provides that "same being...

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