NP, AI 11/20/1863

From the Atlanta Intelligencer
November 20, 1863
Decisions of the Supreme Court at Nov. Term, 1863, in Milledgeville
   4. The Legislature authorized the Savannah, Albany & Gulf Railroad Co. to extend their road from a point at or in the city of Savannah to Tybee island. The Company were authorized by the Mayor and Council of Savannah to run said road in the centre of Randolph street along its entire length to the river, they saving the city from damages. The Company proceeded to build this extension 16 feet wide in the centre of said street, so as to leave but 12 feet on each side of this railroad between it and the sidewalks.
   At the instance of lot owners upon this street, and for the reason last stated only, the Court below enjoined it. The Court affirmed the judgment, but upon the broader ground that the Mayor and Council of Savannah were trustees who had no authority to sell the city streets without a direct authority from the Legislature. Even if that were not so, the injunction was properly granted, because not only was the street there obstructed, but in some places covered by embankments, 12 feet high, and in other places ruined by cuts, 25 feet deep; and besides all this, the record showed that this line was not going towards Tybee island, and that that island could not be reached except by a deflection at right angles from this line.