184 Ga. 412 | Ga. | 1937
Edwin and Clifford Crutchfield filed suit against W. R. Jackson and L. S. Taylor, in which they alleged .that they were the owners of certain described lands; that in 1888’ their predecessor in title conveyed to the Union Point and White Plains Railroad Company the right to use a portion thereof for railroad purposes; that in 1.927 said company discontinued the use of the railroad and sold its rights to Jackson; that during tire time the company operated the railroad it built several section-houses along the tracks, four of which are on the lands of the
On the trial the plaintiffs introduced evidence tending to support the allegations of their petition. It appeared that the plaintiffs were the sole heirs at law of Mrs. Effie Crutchfield; that no debts were owing by her at the time of her death; that there was no administration of her estate; that she received a warranty deed from W. W. Stevens as executor of William Stevens, dated April 25, 1891, conveying the land including that involved in this case; that on October 18, 1888, William Stevens, 'in consideration of the railroad company running “their contemplated railroad-tracks on and along his land,” bargained, sold, and'convojed to said company, “their successors and assigns, the right of ,way over which to pass -at all times by. themselves, directors,officers, agents and hirelings, in any, manner they may :think proper, and particularly for the purpose of running, erecting, and. establishing thereon a railroad with double track,” etc.,' “as may-at all times be within the discretion of said company pursuant to a charter of incorporation granted said company.” It was provided in said instrument that the grantor reserved the fight to cultivate the land not necessary for the use of the railroad company “in its full and free right of way;” and that the company had the right -to “cut down and remove all timber and other growth on each Side of the road as would would be falling on or shading the same.” It was stipulated between, counsel that plaintiffs had title to all of the lands of the grantor Stevens, except that part conveyed to the railroad by the above instrument for a right of way. The evidence showed that the railroad cdmp'any
1. Although there is a-directed verdict in this case, and the judgment or decree awarding to the plaintiffs the other relief is - based thereon, it is only necessary that this court consider 'whether there was sufficient evidence to support a finding in favor of the plaintiffs on the issues involved, there being no special assignment of error on the direction of the verdict, on the specific ground that there were issues of fact which should have been submitted to the jury, or otherwise, and that for such reason the trial court erred in directing the verdict. It has been 'repeatedly ruled by the appellate courts of this State that they will not decide' whether the trial court erred in directing a verdict, where no' specific assignment of error, either pendente lite, in the motion for a new trial, or in the bill of exceptions, is made upon such direction; and that the general grounds of a motion for new trial do not suffice. See Dickenson v. Stults, 120 Ga. 632 (48 S. E. 173); Bosworth v. Nelson, 172 Ga. 612 (158 S. E. 306), and cit.; Beall v. Mineral Tone Co., 167 Ga. 667 (146 S. E. 473), and cit.; Alley v. Candler, 155 Ga. 739 (118 S. E. 354), and cit.; Tyson v. Anderson, 164 Ga. 673, 677 (139 S. E. 410); Gilliard v. Johnston, 161 Ga. 17 (129 S. E. 434); Kerce v. Davis, 165 Ga. 168 (140 S. E. 287); Flanders v. Cook, 167 Ga. 66 (144 S. E. 903). Therefore, if there is any evidence to support the verdict and judgment in this case, the judgment denying a new trial must be affirmed. •
2. The cleed to the -railroad company, on which Jackson bases his claim, provides that the grantor therein, for and in consid
4. The section-houses erected by the railroad company on the premises to assist it in’ carrying on its railroad business could not be removed, after an abandonment of the railroad by the company and its insolvency, by a purchaser of all the railroad property, without the franchise, from the receiver having custody and control of the railroad property under a court order. Carr v. Georgia R., 74 Ga. 73; Wright v. DuBignon, 114 Ga. 765, 770 (40 S. E. 747, 57 L. R. A. 669); Code, §§ 61-109, 85-105.
5. The evidence supported the verdict in favor of the plaintiffs, and there was no error in denying a new trial.
Judgment affirmed.