Southern Cotton Oil Co. v. Bull

Supreme Court of Georgia

Southern Cotton Oil Co. v. Bull

43 S.E. 52, 116 Ga. 776, 1902 Ga. LEXIS 256

CourtSupreme Court of Georgia

DecidedDecember 12, 1902

StatusPublished

Cited by1 cases

This text of 43 S.E. 52 (Southern Cotton Oil Co. v. Bull) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Cotton Oil Co. v. Bull, 43 S.E. 52, 116 Ga. 776, 1902 Ga. LEXIS 256 (Ga. 1902).

Pincite

Opinion

Simmons, C. J.

This being ,an application by a taxpayer and property-holder to restrain a railroad conipany and a manufacturing corporation from building a spur-track of the railroad across a public street in a town, and a preponderance of the evidence showing that the place to be crossed is a public street and that running a locomotive and train thereon will be a nuisance to the plaintiff and will inflict special damage on her property, and there being no express legislative authority for building the spur-track across the street, and no evidence on the minutes of the town council to show its assent to the building of the track, the judge did not abuse his discretion in granting a temporary injunction.

Judgment affirmed,.

All the Justices concurring, except Lumpkin, P. J., absent.

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Simmons, C. J.

This being ,an application by a taxpayer and property-holder to restrain a railroad conipany and a manufacturing corporation from building a spur-track of the railroad across a public street in a town, and a preponderance of the evidence showing that the place to be crossed is a public street and that running a locomotive and train thereon will be a nuisance to the plaintiff and will inflict special damage on her property, and there being no express legislative authority for building the spur-track across the street, and no evidence on the minutes of the town council to show its assent to the building of the track, the judge did not abuse his discretion in granting a temporary injunction.

Judgment affirmed,.

All the Justices concurring, except Lumpkin, P. J., absent.

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Bluebook (online)

43 S.E. 52, 116 Ga. 776, 1902 Ga. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-cotton-oil-co-v-bull-ga-1902.

Opinion

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