The Sw. R.R. Co. v. Screven

• Citation: 45 Ga. 614
• Parties: THE SOUTHWESTERN RAILROAD COMPANY and THE CITY OF ALBANY, plaintiffs in err0r. v. JOHN SCREVEN, Receiver, defendant in error.
• Decision Date: 31 January 1872
• Court: Supreme Court of Georgia

45 Ga. 614

THE SOUTHWESTERN RAILROAD COMPANY and THE CITY OF ALBANY, plaintiffs in err0r. v. JOHN SCREVEN, Receiver, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1872.)

Injunction. Receiver. Before Judge Coal. At Chambers. Bibb county. March 20, 1872.

John Screven, as Receiver of the Brunswick and Albany Railroad, presented his bill for injunction to Judge Cole, containing the following allegations: That the Brunswick and *Albany Railroad, having finished its line of track from the seaboard to the city of Albany, and being desirous of passing through said city on its way westward, entered into negotiations with said city, the result of which was a contract to the effect that said city would appoint one J. A. Maxwell its surveyor and engineer, and that he should draw up certain specifications of the grading, embankment and other work, in accordance with the views of said city, and if the Brunswick and Albany Railroad would comply therewith, the said road should have the right of way through said city by way of North-street; that said Railroad complied with the onerous and expensive conditions imposed on it by said city; that in the negotiations with said city it was expected that the Southwestern Railroad would desire to pass through said North-street when its line was completed to Albany, and that it was understood and agreed that, before the right of way should be given by said city to said Southwestern Railroad, it should be required to pay to the Brunswick and. Albany Railroad one-half of the expense incurred in excavating grading, etc., on North-street; that the Brunswick and Albany Railroad was about to locate its track in the center of said street when it was appealed to by the Southwestern Railroad to place said track a proper distance south of the centre, in order to leave room on the north side for its track; that the Brunswick and Albany Railroad complied with this request; that the Southwestern Railroad then applied to the city of Albany for permission to run through said North-street, which was granted, conditioned upon its paying to the Brunswick and Albany Railroad one-half of the expense incurred in excavating and grading said street, as was agreed and understood between the city of Albany and the Brunswick and Albany Railroad; that the Southwestern Railroad is now laying its track through said North-street; that said city of Albany, in violation of complainant's rights, has recently passed a...