Southern Railway Co. v. Birmingham, Selma & New Orleans Railway Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Tried before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, Birmingham, Selma & New Orleans Railway Company, against appellant, Southern Railway Company, on the 25th day of March, 1901. The averments of the bill are substantially that complainant owns a railroad and possesses the right of eminent domain; that it is extending its railroad in Dallas county; that it has graded its railroad from Martin’s…
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Appeal from the Chancery Court of Dallas. Tried before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, Birmingham, Selma & New Orleans Railway Company, against appellant, Southern Railway Company, on the 25th day of March, 1901. The averments of the bill are substantially that complainant owns a railroad and possesses the right of eminent domain; that it is extending its railroad in Dallas county; that it has graded its railroad from Martin’s Station to a point about fifteen miles west; that two miles westward from Martin’s station its road crosses the track and…
1Opinion of the CourtSharpe, J.
Complainant made application to the probate court for condemnation of a railroad right of way, across a railroad and right of way held by defendant under a lease. Damages were assessed by three commissioners. The amount assessed was paid into-the probate court and that court made an order of con*667demnation. The defendant and its lessor appealed from the assessment to tlie circuit court. Complainant gave bond to pay snclx judgment as might be rendered on appeal and attempted to build its road across the older road. Complainant brings this bill to enjoin the defendant from resisting that attempt.…
2Cases cited8 opinions
- Montg. So. Railway Co. v. SayreSupreme Court of Alabama · 1882
- Chicago, Milwaukee & St. Paul Railway Co. v. HockIllinois Supreme Court · 1886
- Memphis & Charleston Railroad v. Birmingham, Sheffield & Tennessee River Railway Co.Supreme Court of Alabama · 1893
- Postal Telegraph Cable Co. v. Ala. Great Southern RailroadSupreme Court of Alabama · 1890
- Woodward Iron Co. v. CabanissSupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mobile & Birmingham R. R. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1914
- Opinion of the JusticesSupreme Court of Alabama · 1953
- Ex parte LanceSupreme Court of Alabama · 1958
- Stocks v. City of GadsdenSupreme Court of Alabama · 1911
- Jefferson County v. AdwellSupreme Court of Alabama · 1958
1 more not listed; retrieve them via the Exa API.