This is the second appearance of this case in this court. See
Faulkner v. Ga. Power Co.,
We dismissed the previous interlocutory appeal from the dissolution of the. temporary restraining order and the denial of preliminary injunctive relief as moot, on the ground that no injunction pending appeal had been sought, the act sought to be restrained had been completed during the pendency of the appeal, and equity would not require the defendant temporarily to undo what had been legitimately done. Faulkner, supra.
Thereafter, the appellants amended their complaint so as to pray additionally for mandatory injunction, ejectment and mesne profits. The trial judge granted Georgia Power Company’s motion for summary judgment on the issue of additional servitude. We affirm.
It is undisputed that the 230,000-volt transmission line in question was built along and within the public right-of-way of Redding Road, and along and over an existing 20,000-volt distribution line, which facilities were transferred to the new poles where practicable. Thus, the only issue presented is that raised by the motion for summary judgment, viz., whether the new high-voltage line is an additional servitude on the underlying fee.
The appellants contend that the easement for the right-of-way of Redding Road is impliedly limited to the sole benefit of the abutting landowners, and that the new transmission line was for the benefit of Georgia Power
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Company and other, distant customers, as contrastéd with the preexisting distribution line for Redding Road residents. The cases cited as authority for this proposition, such as
Donalson v. Ga. Power &c. Co.,
The same rationale behind the use of streets, above, applies to the specific, individual uses of streets, including utilities. See generally
MARTA v. Datry,
There was no showing that the new line in the present case constitutes an exclusive use in that it excludes other permissible, general, public uses to which the road could be put. See
Atlanta & W. P. R. Co. v. Atlanta, B. & A. R. Co.,
Accordingly, the trial court properly granted the summary judgment on the issue of additional servitude.
Judgment affirmed.
