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ROLISON v. GEORGIA CENTRAL RAILWAY, L.P.

Nos. S00A1761, S00A1762.

544 S.E.2d 116 (2001)

273 Ga. 511

ROLISON et al. v. GEORGIA CENTRAL RAILWAY, L. P. Harden et al. v. Georgia Central Railway, L. P.

Supreme Court of Georgia.

March 2, 2001.

Attorney(s) appearing for the Case

Malcolm F. Bryant, Vidalia, for appellant (case no. S00A1761).

Newton, Smith, Durden, Kaufold, Rice & Tribble, William R. Rice, Vidalia, for appellant (case no. S00A1762).

Cheney & Cheney, Curtis V. Cheney, Jr., Reidsville, for appellee.

THOMPSON, Justice.

This case concerns the width of a railroad right-of-way. The railroad claims its right-of-way extends 200 feet, i.e., 100 feet on either side of the centerline. The Rolisons and the Hardens, adjoining landowners, assert the railroad's right-of-way extends 100 feet, i.e., 50 feet on either side of the centerline. Finding the right-of-way to be 200 feet wide as a matter of law, the trial court awarded summary judgment to the railroad. We reverse....

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