82 Ga. 501 | Ga. | 1889
As the court below restricted the functions of the jury to the single question of identity of the premises in dispute, we shall deal with the case and discuss it only far enough to show that this restriction was erroneous. We think two additional questions were for determina™
“ An act to grant the use of certain grounds in the Macon Reserve to the Macon and Brunswick Railroad Company, and the Milledgeville Railroad Company, for depot purposes, with the consent of the city of Macon.
“ Section I. Be it enacted by tbe General Assembly of tbe State of Georgia, that the State of Georgia will, and hereby does, grant to tbe Macon and Brunswick Railroad Company, and the Milledgeville Railroad Company, ten acres each, out of tbe lands belonging to what is known as tbe Macon Reserve, to be used by said railroad companies for depots, shops and other conveniences and fixtures necessary for said railroad companies (tbe assent of tbe city council of Macon being first bad thereto), upon such terms, conditions and limitations as shall be agreed upon between tbe city council of Macon and said railroad companies.
“Sec. II. Repeals conflicting laws.”
It will be seen that tbe “terms, conditions and limitations ” were left to be agreed upon between tbe city council and tbe railroad company. Of course, therefore, no title whatever passed to tbe company by mere force of tbe act itself. It follows that whether any terms, conditions and limitations were agreed upon, and if so what these were, must be determined as a preliminary for bolding that tbe company acquired any interest in tbe land; and surely these matters cannot be adjudicated as pure questions of law, but are in large degree questions of fact, depending upon what took place between tbe city council and tbe company, and upon subsequent conduct, as shown by tbe evidence both written and unwritten. If enough appeared in tbe documents to form tbe basis of a conclusive legal presumption that tbe company accepted tbe grant upon tbe terms, conditions and limitations laid down in tbe report .of tbe committee which tbe city council adopted, then tbe aid of tbe jury upon this part of tbe ease could be dispensed with; but no writing
Except such matters as are involved directly or indirectly in the points we have discussed, we find no error in the record which we deem material, and we leave the new trial which must be had to take place under such light touching the law of the case as has been shed by this opinion.
Judgment reversed.