144 Ga. 92 | Ga. | 1915
Lead Opinion
(After stating the foregoing facts.) It is not in dispute that the railroad-track known as the River Street track, a part of which the petitioner contends is laid over its land, is the connecting track between the Tybee branch of the defendant company and the Atlantic Coast Line on the east of the city, and the defendant’s main-line tracks and yards on the west of the city, and that it furnishes railroad-track facilities to all the wharves on the water-front, between the Central and Atlantic Coast Line terminals. It is also without dispute that the track was built and in use by the railway company in the conduct of its business as a public carrier for several years prior to petitioner’s purchase of the land, over a part of which it claims that the track was laid. So far as the present record discloses, the landowner neither protested against nor assented to the construction of the railroad. As
With reference to the contentions of the parties as to the width of River Street in front of lot 3, it is an issue of fact whether the petitioner’s land is bounded by a street twenty feet in width, or one of greater width, and that issue was properly left for decision
Certain maps were introduced in evidence, which related to River Street and abutting property east of Lincoln Street. These maps did not illustrate any contention of the parties, as the locus is west of Lincoln Street. They should have been rejected as irrelevant, but their admission in evidence will not require a new trial.
Judgment affirmed,
Dissenting Opinion
dissenting. Under the undisputed evidence, the improvements contemplated by the railroad company did not change or enlarge the easement.