In Charleston and Western Carolina Ry. Co. v. Fleming, 119 Ga. 995 (47 S.E. 541), it is held: "Before one can assert a way of necessity over the land of another, every essential requisite to such a right must affirmatively appear.Summary of this case from Tift v. Golden Hardware Co.
October 28, 1947.
Appeal from the District Court of the United States for the Southern District of Georgia; Frank M. Scarlett, Judge.
Joseph B. Cumming, of Augusta, Ga., for appellant.
Rodney S. Cohen and Rodney S. Cohen, Jr., both of Augusta, Ga., and Estes Doremus, of Atlanta, Ga., for appellee.
Before SIBLEY, HOLMES, and LEE, Circuit Judges.
No reversible error of law appearing, and the evidence justifying the verdict, the judgment appealed from is affirmed.