Highland Avenue & Belt Railroad v. Birmingham Union Railway Co.
Supreme Court of Alabama
Bill in Equity for Injunction, between Street Railway ' • Companies. Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. cited 1 High, Injunctions, §§ 629, 722, 701; E. c& W. Railway Co. v. E T, V. ds G. Railroad Co., 75 Ala. 275; Boulo v. Railroad Co., 55 Ala. 480; Cooper v. A. <& A. Railroad Co., 85 Ala. 106; ' 87 Ala. 520.
1Opinion of the CourtWalker, J.
— It appears from the bill as amended.that the complainant had, for about five years before the commencement of the suit, been operating by horse power a street railroad over and along 19th Street in the city of Birmingham, as that street extends from 6th Avenue to and beyond 10th Avenue in said city; and that it had duly acquired a right of way for its said railroad along said route. It is further shown by the bill that when it was filed the defendant had been for some time and was then operating a railroad by steam power on a single track on and along 10th Avenue in said city from 21st…
2Cases cited4 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
- Boulo v. New Orleans, Mobile & Texas RailroadSupreme Court of Alabama · 1876
- Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
3Cited by6 opinions
- Western Railway v. Ala. Grand Trunk RailroadSupreme Court of Alabama · 1892
- Memphis & Charleston Railroad v. Birmingham, Sheffield & Tennessee River Railway Co.Supreme Court of Alabama · 1893
- Birmingham Traction Co. v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1898
- Baltimore & Ohio Southwestern Railroad v. Cincinnati, Lawrenceburg & Aurora Electric Street RailroadIndiana Court of Appeals · 1912
- Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.Supreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.