Mobile & Girard Railroad v. Cogsbill
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. Mary H. Cogsbill against the appellant, a domestic corporation, to recover the possession of a small strip of land, with damages for its detention; and was commenced on the 19th March, 1888. The strip of land was about sixty-five or seventy feet wide, by one hundred and fifty feet long, extending through a four-acre lot claimed by plaintiff, to the railroad…
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Appeal from the Circuit Court of Russell. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. Mary H. Cogsbill against the appellant, a domestic corporation, to recover the possession of a small strip of land, with damages for its detention; and was commenced on the 19th March, 1888. The strip of land was about sixty-five or seventy feet wide, by one hundred and fifty feet long, extending through a four-acre lot claimed by plaintiff, to the railroad bridge across the Chattahooche river on the east; being the defendant’s railroad track and right of way, on which a house…
1Opinion of the CourtSomerville, J.
It was not permissible to prove that any of the officers of the railroad company recognized the title of the plaintiff to the land in controversy by offering to purchase a part of the premises from her, unless the authority of such officer was first established, or was shown to have been afterwards ratified by the corporation company. The company would not be bound, nor should its legal rights be prejudiced, by unauthorized acts or declarations of its officers beyond the scope of their agency. — Stanley v. Sheffield Land, Iron & Coal Co., 83 Ala. 260. Eor the error of the Circuit Court in…
2Cases cited1 opinion
- Stanley & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1887
3Cited by9 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
- Shepherd v. Scott's ChapelSupreme Court of Alabama · 1927
- Perry v. Marbury Lumber Co.Supreme Court of Alabama · 1925
- Sadler v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1920
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