Atlanta & W.P.R. Co. v. Atlanta, B. & A.R. Co.
| Decision Date | 09 November 1905 |
| Parties | ATLANTA & W. P. R. CO. v. ATLANTA, B. & A. R. CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
The courts will take judicial notice of a charter granted to a railroad company by the Secretary of State, under the general law providing for the incorporation of such companies.
A railroad company incorporated under the general railroad law may institute condemnation proceedings to acquire the property of another railroad company, if the property sought to be condemned is not in actual use for railroad purposes by the company owning the property, and is not necessary to the present needs of such company. Property acquired and held by a railroad company in anticipation of future needs, and not used and not shown to be needed for present use by such railroad company, stands upon the same footing as ordinary private property, so far as the right of another railroad company to condemn it for railroad purposes is concerned.
When in a proceeding by one railroad company to condemn the property of another railroad company, it appears that the property sought to be condemned is not actually used by the railroad company which owns it for railroad purposes, and is not presently needed for such purposes, the right of condemnation will not be defeated merely because it appears that at some time in the future such property will be needed by such railroad company for railroad purposes. In such a case the future needs of the first company must yield to the present lawful needs of the second company.
No sufficient reason appears for reversing the judgment refusing to grant the injunction.
Error from Superior Court, Fulton County; J. T. Pendleton, Judge.
Bill by the Atlanta & West Point Railroad Company against the Atlanta, Birmingham & Atlantic Railroad Company. Judgment for defendant, and plaintiff brings error. Affirmed.
Courts take judicial notice of a charter granted to a railroad company by the Secretary of State under the general law providing for the incorporation of such companies.
This was an application for an injunction by the Atlanta & West Point Railroad Company, hereinafter referred to as the "West Point Company," against the Atlanta Birmingham & Atlantic Railroad Company, hereinafter referred to as the "Birmingham Company," to prevent the latter company from condemning, for use as a part of its main line, property in the city of Lagrange, Troup county, owned by the former company. The judge refused to grant the injunction, and the West Point Company excepted. It is averred in the petition that the West Point Company is one of the oldest railroads in the state, and for a period of more than half a century has operated a line of railroad from Atlanta to West Point; that it is operated in connection with the Western Railway of Alabama, which operates a line of railway from West Point to Opelika, Ala.; that the business of the company has increased from year to year, and it now does a large volume of business; that it has heretofore operated the line from Atlanta to Opelika as one division but the local business between these points has so largely increased that it has become necessary to divide this division into two divisions, one from Atlanta to Lagrange and the other from Lagrange to Opelika; that the creation of these two divisions will necessitate the extension of its yard and the enlargement of its terminal facilities at Lagrange, which will bring about a change of its depots, both passenger and freight, at that point; that, in anticipation of this, the company secured lands adjacent to its present property in the city of Lagrange, to be used in the enlargement of its terminals, and it has now a complete plan as indicated by a map which is attached to the petition, which requires the use of this additional property so acquired; that while this additional property is not now actually in use, the plan contemplating its use has been perfected, and arrangements have been made to carry into effect this plan, which is absolutely essential to the proper conduct of its business as a common carrier; that the Birmingham Company is a corporation under the laws of this state, "recently incorporated," authorized to construct a railroad from Montezuma, Ga., to Birmingham, Ala., and from Atlanta, Ga., to Wedowee, Ala., and this company has served a notice of its intention and purpose to condemn a portion of the property which the West Point Company acquired for its terminal facilities in the city of Lagrange; that the acquisition of this property is not necessary for the carrying out of the purpose for which the Birmingham Company was incorporated, and the taking of the property would seriously impair the ability of the West Point Company to discharge those duties imposed upon it under its charter as a common carrier; and that the Birmingham Company has no authority under the law to take the property of the West Point Comapny. The answer of the Birmingham Company sets up that the property which it seeks to condemn has never been devoted by the West Point Company to any...
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