| From the Atlanta Intelligencer |
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| November 20, 1863 |
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| Decisions of the Supreme Court at Nov.
Term, 1863, in Milledgeville |
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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.
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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.
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