91 Ga. 500 | Ga. | 1893
By an act of the legislature, approved October 1st, 1887 (Acts 1887, p. 537), amending an act approved . September 5th, 1885 (Acts 1884-5, p. 362), the Mayor and Aldermen of Savannah were given power and authority to adopt an ordinance requiring the grading, paving or improving otherwise for travel or drainage, any of the streets or lanes of that city, and to assess two thirds of the cost thereof on the real estate abutting on each side of the street or lane improved; the street railway company with tracks running through the streets so improved, being required to pave the width of its track and two feet on each side thereof. Authority was also given to grade, pave or otherwise improve any portion, of the width of any street, and to assess two thirds of the cost against the real estate abutting on each side of the street improved. The third section of the act reads as follows : “ The frontage of intersecting streets and lanes shall be assessed as ■ real estate abutting upon the street paved or otherwise improved, and the mayor and aldermen shall be, for all the intents and purposes of this act, an owner or legal representative of real estate abutting on any street, shall possess the same rights and privileges as all other owners of real estate abutting on any street, according to the frontage owned, and shall pay from the city treasury the just pro rata of the entire cost of said work for the said frontage.”
On May 30th, 1886, the mayor and aldermen adopted an ordinance requiring Liberty street to be paved. The ordinance directed that the' street railway companies should pave their tracks as required by the statute, or if .they failed to do so, that the same should be done for
After our decision in this case was announced, counsel for the defendant in error asked for a rehearing, which was denied; and then requested us to indicate in th&