Supreme Court of Georgia, 1908

Georgia Railroad & Banking Co. v. City of Atlanta

Supreme Court of Georgia · Decided July 21, 1908 · Lumpkin

131 Ga. 94; 61 S.E. 1035; 1908 Ga. LEXIS 27

Cases that cite this one

2 later published cases cite this decision.

Griffith v. City of Hapeville (Ga. 1936)
Southern Cotton Oil Co. v. Overby (Ga. 1911)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Lumpkin, J.

Without regard to the question of the admissibility of evidence raised in the bill of exceptions, there was no abuse of discretion, under the evidence admitted without objection, in refusing to grant an interlocutory injunction to restrain the defendant municipal corporation from preventing the obstruction of the alleged public crossing of a street over the railroad tracks of the plaintiff, prior to final trial and full adjudication upon the merits of the case made by the equitable petition, under the law and facts.

Judgment affirmed.

All the Justices concur, except Holden, J., disqualified.

Petition for injunction. Before Judge Pendleton. Fulton superior court. November 14, 1907.

Joseph B. & Bryan Gumming and Sanders McDaniel, for plaintiff. James L. Mayson and William P. Hill, for defendant.

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