Georgia Midland & G.R. Co. v. Columbus S.R. Co.

• Decision Date: 28 April 1892
• Parties: GEORGIA MIDLAND & G. R. CO. v. COLUMBUS S. R. CO.
• Court: Georgia Supreme Court

15 S.E. 305

89 Ga. 205

GEORGIA MIDLAND & G. R. CO. v. COLUMBUS S. R. CO.

Supreme Court of Georgia

April 28, 1892

Syllabus by the Court.

Without first making compensation for the damages which will result therefrom, one railway company cannot lay and use its track across the track of another railway company, located in a public street of a city. For this reason, if not also for others, it was error to deny the interlocutory injunction applied for. Mills, Em. Dom. § 44 a; Lewis, Em. Dom § 644; Chicago & W. I. R. Co. v. Chicago, St. L. & P. R Co., 15 Ill.App. 587; Lake Shore, etc., R. Co. v Chicago, etc., R. Co., 100 Ill. 21; Chicago, etc R. Co. v. Englewood, etc., R. Co., 4 N.E. 246, 115 Ill. 375.

Error from superior court, Muscogee county; J. H. MARTIN, Judge.

Suit by the Georgia, Midland & Gulf Railroad Company against the Columbus Southern Railroad Company to enjoin it from constructing a track across plaintiff's tracks. On a judgment denying an injunction, plaintiff brings error. Reversed.

Without first making compensation for the damages which will result therefrom, one railway company cannot lay and use its track across the track of another railway company located in a public street of a city.

The following is the substance of the official report:

The exception in this case is to the refusal of the injunction sought by the Georgia Midland & Gulf Railroad Company. The petition therefor alleged: The city of Columbus is petitioner's principal terminus; and, by virtue of certain grants of land made petitioner, it constructed all of its side tracks, freight depots, shops, etc., there expending large sums of money in so doing. The main track of its road connects with said terminals, which are located upon blocks 51, 52, 45, and 46, and part of blocks 54, 53, 42, and 43, on the east commons of Columbus; blocks 42 and 43 being bounded by Eighth street. The main track extends northward from said terminals, and out of block 42 across Eighth street, and thence across block 40 of the commons. After petitioner had constructed its terminals and main track the Columbus Southern Railway Company was chartered, and constructed from Columbus to Albany; its main track terminating at a point east of that of petitioner, and on the east commons. Thereafter, grants of land were made to the Columbus Southern, all of which are located east of the main track and lands of petitioner; and upon the grants so made the Columbus Southern constructed its terminals, and connected its railway therewith, and has long since constructed its railroad and laid out its depot grounds in Columbus, and connected its main track therewith. The depot grounds and terminals of the Columbus Southern are connected with the city, and can be easily approached by the public in the city, and by persons travelling upon or doing business with that railway company, by several broad streets and avenues, all constantly open both for travelers and freight. A corporation known as the Columbus Railroad Company, about January 20, 1888, under grant of right of way from the city, constructed a track west of petitioner's track, and extended it west through Sixth street, and northward across Eighth. This track is used by the Columbus Railroad Company for transfer of freight, and delivery of the same to the merchants in Columbus. The Columbus Southern, for the purpose of delivering its freight cars to the Columbus Railroad Company, is about to construct a side track from its main track, diagonally across petitioner's main track and along Eighth street, to connect with the track of the Columbus Railroad Company, and has petitioned the mayor and the council of Columbus for permission to lay such side track. On an ex parte showing, this request was granted, and the Columbus Southern is now proceeding to lay such side track. Its action is an infringement upon petitioner's rights, is without authority of law, and the track is being laid as matter of convenience and economy to the Columbus Southern, and regardless of petitioner's rights. A connection with the track of the Columbus Railroad Company can...