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CITY OF CORNELIA v. SOUTHERN RAILWAY COMPANY

23127.

221 Ga. 444 (1965)

145 S.E.2d 239

CITY OF CORNELIA et al. v. SOUTHERN RAILWAY COMPANY.

Supreme Court of Georgia.

Decided October 7, 1965.

Attorney(s) appearing for the Case

Crawford & Griggs, Linton K. Crawford, for plaintiffs in error.

Wheeler, Robinson & Thompson, Emory F. Robinson, Robinson, Thompson, Buice & Harben, contra.

PER CURIAM.

The Southern Railway Company filed a petition in the Superior Court of Habersham County, seeking to enjoin the City of Cornelia, its agents, servants and employees from trespassing on land allegedly owned by the railroad. The jury returned a verdict for the plaintiff. The exception is to an order overruling the city's motion for new trial, as amended. Held:

1. The court having charged the jury that if you find that the railroad has shown...

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