88 Ga. 68 | Ga. | 1891
Judgment affirmed.
In September, 1860, The Brunswick & Florida Railroad Company by purchase acquired a strip of land one hundred feet in width on each side, measured from the center of its track, through a lot of land in Ware county, and soon after constructed its road through the land, and has been, through its various successors the last of which is the B. & W.. Railroad Co., in constant use and occupancy of its roadway to the present time, running and regularly operating it as a railroad. In 1874(?), long after the completion of the railroad, the town of Waycross was laid out, covering a portion of the lot of land mentioned. One of its streets, now known as Plant avenue, was laid out at right angles to and extending across the right of way and road-bed of the railroad company. There was no evidence of an express grant to the town authorities of this right so to lay off its streets, but the crossing so made has been in constant use by the city since it was first established, is now the principal thoroughfare of the. city, and the crossing thus established has been maintained and kept up by the railroad company ever since. This street is the one along which most of the travel passes between