Reports of Cases Decided in the Supreme Court of the State of Georgia at the Volume 123 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...Ga. 403--404. No express power to vacate a public thoroughfare has been conferred by the General Assembly upon the City of Atlanta. On the contrary, its control over streets and alleys has been in terms limited to the right "to open, lay out, to widen, straighten, or otherwise change" the same. Acts of 1874, p. 131, 60. To exclude the general public from the enjoyment of a street and to devote it to a purpose wholly inconsistent with its use as a thoroughfare is not such a " change" therein as the city's charter contemplates. That the city has power to abandon or vacate the street known as Waverly place was not claimed by counsel for the defendants in error, but their contention is that the "change" in that street provided for by the ordinance adopted by the city council is one which the municipality has power, under the above-quoted provision of its charter, to effect. The facts are: Waverly place is to retain its name, but change its residence, if the carrying out of the plan outlined in the ordinance is not interfered with. That street is but one block in length, and connects Central avenue on the west with Washington street on the east, the two streets last named running parallel to each other and at right angles to Waverly place. On the north adjoin the railroad-yards now used by the companies associated with the defendant railway company, while on the south lies property all of which is either owned or controlled by that company. Washington street extends no further north than the railroad-yards; Central avenue continues northward beyond them; both streets extend for a considerable distance southward and are much used thoroughfares, as is also Waverly place. The banking-house of Coker is on the west side of Central avenue and faces...