The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-05-27
CANNOT DRIVE OVER PARK.
RIGHTS OF EMMETT PLACE DETER
MINED ny RECORDER MYRICK.

Standard oil Company's Driver Fin
ed for Violating City Ordinance.
Persons Having Offices North of
strand, Between Lincoln and East
Broad streets, Cannot Drive There,
Interesting Decision in Emmett
Park Test Case-E1st Side Resi-
dents Won First Battle for PrOtec-
ton of Their Resting PIace-Deci-
sion VIII Probably lie Taken Up.
In the opinion of Recorder Myrick
Emmett Park is a park in the true
sence of the word and driving across
it is in violation of the city ordnance.
lengthy and interesting decision in
the test case recently heard, setting
forth this opinion, will be given by the
Recorder this morning.
The Recorder will announce fine of
81 or days and will issue a warning
to those who violate the ordinance in
the future. This defendant is Charlis
Simmons, a colored driver employed
by the Standard Oil Company and that
corporation is deeply interested in the
case. Counsel appeared for Simmons
and it is probable that the case will
be taken to the Superior Court and if
1t does not reverse the Recorder it will
find it's way into the Supreme Court.
The decision of Recorder Myrick in
reviewing the case is an interesting one
ore sets forth that persons having Of
60 frl 80 h.
ings on River street, from Lincoln to
East Broad and fronting Bay street on
a level cannot drive to them without
violating the ordinance.
In rendering his decision the recor-
der says:
Looking now to the facts in this
case, we find that it is quite clear that
after the building up of the bluff by the
city and the creation of River and Fac
tor streets, that an open space was left
between Lincoln and East Broad
streets, upon which grass and trees
were planted and flourished. We find
that for a period of twenty years or
more after 1850 the public resorted to
this plot of ground for the purposes of
amusement, for air, for recreation and
exercise without any interruption in
way.
when the propositions of law adj
vanced are considered in connection
with the facts developed from the evil
dence, the court is constrained to hold
that the plot of ground is a public park
by dedication. 1t became a park in
the opinion of the court as early as the
years 1855 or 1860, and has continued to
be park from that date until the
present time.
I'm the opinion of the court the driv-
ing upon this plot of ground which was
a park at the time it began constituted
g public nuisance from it's very begin
ming.
An Important Opinion.
And right here it may be stated that
unless the occupants of these buildings
acquired prescriptive rights to use this
plot of ground as a road way to the
front of the buildings. they would not
have any rights in any other way to
go over this plot of ground with vehi-
cles to the third story of their buildings.
These buildings can be reached and en-
tered with ease from River street and
from Factor street. This court knows
of no law which gives property owner
q right to reach all three stories of his
building by means of three public
highways. If he has one by which he
can reach his property and leave it he
has all that the laws says is necessary.
venience in getting to the third story
of these buildings would not enter this
case. The occupants of these buildings
along the north side of this plot of
ground being able to reach such build
ings on foot and by means of wagons,
railroad trains, and other methods
have no easement in this plot of ground
or green or park which entities them
to use it as a road way so as to enable
them N roach wifi xyoh he f,,J
story of the buildings.
The use of this plot of ground for
drive way for wagons and buggies and
especially for oil wagons is entirely in
consistent with its use as a public
park.
1T is therefore the opinion of the
court that the plot of ground between
Lincoln and Habersham streets and
Bay street on the south and Factor
street on the north in the city of Sa-
vannah, commonly known as Irish
Park" Irish Green" or Emmett
Park is park, and is a park within
the meaning of the city ordinances, in
Guiding that portion over which the
defendant in this case drove his wagon
1t is further the opinion of the court
that no parties have any right to drive
wagons or buggies on this park any
where between Lincoln and East Broad
Factor street, or to use this property in
any other way that would be inconsis-
tent with its use as a public park.
1T is the judgment of the recorder
that the defendant has violated the
ordinances prohibiting the driving of
wagons in parks and upon grass plats
in parks. In view of the fact that the
defendant entered this park in good
faith under advice from high authority
which, however. is not binding upon
this court, in the belief that he was
doing what he had a right to DO, Il
nominal fine of one dollar is imposed
upon him or an alternative sentence of
three days in Jail. Future offenders,
however, will not be dealt with by the
court in this manner should they be
proven guilty"
Fired Pistol in Street.
John Mcpherson n negro bartender