Kirschner v. Western & Atlantic Railroad

67 Ga. 760
Supreme Court of Georgia·Decided July 23, 1881·Published·Cited by 4 cases

Opinion

[Jackson, Chief Justice, being disqualified, Judge Hillyer, of the Atlanta circuit, was designated to preside in this case.]

1. An easement will not arise by prescription where the facts show that the owner of the servient estate has habitually broken and interrupted the use whenever he thought proper to do so.

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Kirschner v. Western & Atlantic Railroad, 67 Ga. 760 (Ga. 1881).

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