Street-railroad company charted by General Assembly.

- Former Civil Code 1895, § 2219 (see O.C.G.A. § 46-8-104) embraced a street-railroad company whose charter, though granted by the Secretary of State, had been confirmed and made valid by an Act of the General Assembly. A company having such a charter may properly be termed one chartered by the General Assembly. Southern Ry. v. Atlanta Ry. & Power Co., 111 Ga. 679, 36 S.E. 873, 51 L.R.A. 125 (1900).

Applicability to taking by private railroad.

- Even if former Civil Code 1895, § 2219 (see O.C.G.A. § 46-8-104) was construed to authorize the taking of private property by a private railroad for the purpose of crossing another road, and when so construed was a valid and constitutional law, there was no law which provided a method for fixing the compensation to be paid the owner of the railroad sought to be crossed, when the right to cross was refused. Garbutt Lumber Co. v. Georgia & Ala. Ry., 111 Ga. 714, 36 S.E. 942 (1900).

Condition attached to crossing.

- A railroad corporation which is permitted to construct its tracks across an existing city street or public road does so subject to the condition that it must submit to the increased inconvenience to it which may result from the growth and development of the city or county and the consequent increase of travel in the usual methods along such street or road. Southern Ry. v. Atlanta Ry. & Power Co., 111 Ga. 679, 36 S.E. 873, 51 L.R.A. 125 (1900).

Am. Jur. 2d.

- 65 Am. Jur. 2d, Railroads, § 166 et seq.

C.J.S.

- 74 C.J.S., Railroads, §§ 119 et seq., 303 et seq.

ALR.

- Right of railroad at crossing to construct and maintain piers, pillars, or abutments within street or highway, 62 A.L.R. 1519.

Extent and character of use of farm or other private crossing over railroad right of way, 139 A.L.R. 460.

Liability of railroad for injury or damage resulting from motor vehicle striking bridge or underpass because of insufficient vertical clearance, 67 A.L.R.2d 1364.