Brunswick & W. R. Co. v. City of Waycross

• Decision Date: 10 November 1891
• Citation: 13 S.E. 835,88 Ga. 68
• Parties: Brunswick & W. R. Co. v. Mayor, Etc., of City of Waycross et al.
• Court: Georgia Supreme Court

13 S.E. 835

88 Ga. 68

Brunswick & W. R. Co. v. Mayor, Etc., of City of Waycross et al.

Supreme Court of Georgia

November 10, 1891

Syllabus by the Court.

There was no abuse of discretion in granting the injunction complained of.

Error from superior court, Ware county; Spencer R. Atkinson, Judge.

Suit for an injunction by the Brunswick & Western Railroad Company against the mayor and council of Waycross and others. Defendants answered in the nature of a cross-bill, and prayed an injunction against the railroad company, which was granted. The railroad company brings error. Affirmed.

The following is the official report:

The Brunswick & Western Railroad Company commenced the construction of a side track or Y to make a connection with the track of another railroad. The line of this additional track crossed a street in the town of Waycross, which was already crossed by the main track of the Brunswick & Western Railroad. The city authorities interfered, and the railroad company made application for injunction. The city answered in the nature of a cross-bill, and prayed that the railroad company be enjoined from constructing the proposed track across the street. The judge below refused the injunction asked by the railroad company, and granted the injunction asked by the city. On the hearing for temporary injunction before the judge below, the following appeared: In September 1860, the Brunswick & Florida Railroad Company, by purchase acquired a strip of land 100 feet in width on each side measured from the center of its track, through a lot of land in Ware county, and soon after constructed its road through the land, and has been, through its various successors, the last of which is the Brunswick & Western Railroad Company, in constant use and occupancy of its road-way to the present time, running and regularly operating it as a railroad. In 1872, long after the completion of the railroad, the town of Waycross was laid out, covering a portion of the lot of land mentioned. One of its streets, now known as "Plant Avenue," was laid out at right angles to and extending across the right of way and road-bed of the railroad company. There was no evidence of an express grant to the town authorities of this right so to lay off its streets, but the crossing so made has been in constant use by the city since it was first established, is now the principal thoroughfare of the city, and the crossing thus established has been maintained and kept up by the railroad company...