144 Ga. 199 | Ga. | 1915
After the passage of the act of August 5, 1913 (Acts 1913, p. 490), amending the charter of the City of Americus, and an ordinance passed by the municipal council, the Central of Georgia Railway Company was about to lay a track for some distance along Hampton street, in that city, when Harrold Brothers, a firm composed of Thomas Harrold and Frank P. Harrold,
So far as this record shows, the power of the Central of Georgia
It appears in the record that the properties of the Savannah & Western Railroad Company were sold at a judicial sale, and passed to the Central of Georgia Railway Company; and that the'latter company had been organized and chartered by purchasers at a judicial sale of the properties and rights of the Central Railroad and Banking Company of Georgia, and their associates, under the general railroad laws of the State. (See Civil Code (1910), § 2585, par. 11, 12; § 2586.) It is unnecessary to determine whether, if there was a private sale of the line of the Buena Yista & Ellaville Railroad Company to the Savannah & Western Railroad Company, or a consolidation of the two companies, and if the properties of the Savannah & Western Railroad Company were sold at a judicial sale and were conveyed by a purchasing committee to the Central of Georgia Railway Company, this would vest in the latter company the power of eminent domain originally conferred upon the Buena Yista & Ellaville Railroad Company. The undisputed evidence shows that the line of the old Buena Yista & Ella-ville Railroad Company, now held by the Central of- Georgia Railway Company, is about two miles distant from Hampton street,
What has been said above renders it unnecessary to discuss various questions raised as to the sufficiency of the notice given to the present plaintiffs of the intention to exercise the right of eminent domain by the railway company, or whether any irregularity in the notice was cured by ratification or waiver, or whether, if the defendant railway company could exercise the right of eminent domain for the. purpose of laying a track on Hampton street, the manner in which it would be laid and operated would create a nuisance. Judgment reversed.