George Sutherland

“ They offered to prove by him that the pavement in question added nothing in value to the street railway property, but, on the contrary, was a detriment to its operation; that it made it more difficult and expensive to maintain the track with the pavement than without it; that the railway does not use the pavement in any way; and that it adds nothing in the way of additional travel upon the street cars. The trial court sustained an objection to the offer on the ground 'that the question of benefits by virtue of overruling the demurrer to the petition' became irrelevant and immaterial. ”

“ Neither on the argument in this court nor, so far as appears, in any of the courts of Georgia, did the company suggest that it had additional or more persuasive evidence to offer.
Our decisions make it abundantly plain that this evidence, if received, could have no tendency to overcome the presumptive correctness of the legislative finding of benefit. A property owner does not establish want of assessable benefits by showing that a particular public improvement does not aid or facilitate the particular use which he makes of the land. ”

“ In this court, the city insists that, under Georgia law, 'the general rule that assessments against abutting owners for street improvements are sustainable only to the extent of special benefits to abutting property is not applicable to railway companies having tracks in the street improved.' And it seeks to sustain the assessment as an exercise of the police power and the alleged power of the state to alter or amend corporate charters. ”