95 Ga. 387 | Ga. | 1895
The Mayor and Aldermen of the City of Savannah sought to appropriate to public use, for streets, so much of the toll-road of the Vernon Shell Road Company as was situated within the corporate limits of the city. Assessors were appointed, under the city charter (Code, §4849), who awarded as compensation to the shell road
The court did not err in refusing to instruct the jury as requested by counsel for the plaintiff in error, and in charging as it did on this subject. The grantee under an act like the one in question can take nothing by implication. The rule which requires a grant to be taken most strongly against the grantor does not apply to a legislative act. On the contrary, in such a case the grant, whether it be of property or franchises, is to be construed strictly in favor of the public; and nothing passes but what is granted in clear and explicit terms. Code, §2362; Harrison v. Young, 9 Ga. 359; McLeod v. Railroad Co., 25 Ga. 457, and authorities cited; Sutherland on Statutory Construction, §378, and citations. So construing the act in question, it did not, in our opinion, pass title in fee to the land upon which the road was constructed. The interest conferred' in the land was merely an easement in the maintenance, use and enjoyment of the turnpike road when completed in accordance with the terms of the charter. Consequently, the compensation to be paid to the company should be estimated, not with reference to the value of the land in fee, but with reference to the company’s easement therein. The decision of this court in the case between the same parties, reported in 88 Ga. Rep. 342, is not in conflict with what we rule in the present case. There the question was, whether the city authorities could appropriate the road to public use without making any compensation whatever. "We held that they could not do this, and that the company was entitled to be paid for the damage to its easement. The court did not say that the land upon