115 Ga. 554 | Ga. | 1902
The Postal Telegraph-Cable Company instituted a proceeding in Chatham county, where the principal office of the Savannah, Florida and Western Railway Company was located, to condemn a portion of the right of way of that company, extending through the counties of Dougherty, Mitchell, Thomas, Brooks, and Lowndes. The proceeding was instituted under the provisions of an act approved December 20,1898 (Acts 18.98, p. 54), which are codified in the Civil Code, §§4657-4686. Subsequently the
It is .urged by counsel for the plaintiff in error, that the act of 1898 is unconstitutional, because it makes no provision for the appointment of assessors, and fails to provide special machinery, in cases to which it is applicable, for enforcing the award made; and the conclusion is drawn that for these reasons the act does not provide just compensation to be paid to the owner of the property taken. This contention is not sound. The act of 1898 is not to be taken independently of and disconnected from the provisions of the act of 1894. The latter act, as amended by the act of 1898,.
In the elaborate brief filed by the able counsel for the plaintiff in error many points are presented which are to a large extent reiterations of those disposed of in the foregoing discussion. We have gone carefully and laboriously over the voluminous record and the briefs of counsel on each side of the case, and have reached the conclusion that the court below did not err, for any reason assigned in the bill of exceptions, in granting the injunction which is the subject-matter of review.
Judgment affirmed.