Southern Railway Company v. City of Birmingham

STAKELY, Justice.

This is an appeal from a decree of the Circuit Court of Jefferson County, in Equity. Complainants-appellant railroads, in two cases consolidated for trial and appeal brought bills for declaratory judgments, seeking findings of the invalidity of the section of Ordinance No. 1611-F of the City of Birmingham which requires appellants to maintain flagmen at certain grade crossings located in the city. Respondents-appellees are the City of Birmingham and members of the Board of Commissioners of the city.

At the trial of’ the cause it was brought out that appellants have installed…