70 Ga. 164 | Ga. | 1883
It is true that, under the constitution of 1877, private property cannot be taken or damaged for public use, unless just and adequate compensation be first paid. Art. 1, Sec. 3, Par. 1; Code, 5024; but if the owner allow it to he taken or damaged without legal opposition thereto until an immense sum of money has been expended in completing and equipping an entire road, of which his land is but a fractional part, of comparatively little value, it would not do to enjoin the franchise to the use of the entire road ■until that damage and occupancy were assessed and settled. One cannot stand by and suffer another to expend money to large amounts on his land, as part of a great ■system of improvement, and then stop by injunction the entire system until he is paid. He must move in limine. He must defend at the threshold. Vigilantibus non dormientibus jura subveniunt. Laches is a lock to the door of equity, which few keys, if any, are strong enough to open. Certainly none will open it when it has caused the expenditure of money which cannot be repaid, and caused injury which cannot be repaired. Pierce on Railways, 168 and cases cited; Wood et al. vs. The Macon c& Brunswick Railroad Company, 68 Ga., 539.
Judgment affirmed.