Mobile & Western Railway Co. v. Fowl River Lumber Co.
Supreme Court of Alabama
Bill to Enjoin Use of Right of Way Until Compensation Made. Appeal front Mobile Chancery Court. Heard, before Hon. Thomas H. Smith. Bill by Fowl River Lumber Company against Mobile & Western Railway Company and others to enjoin the operation of a road over a certain right of way for-which there has been no condemnation procedings nor payment made. Upon the coming in of tbe sworn answer denying the allegations of the bill motion was made to dissolve the temporary injunction.
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Bill to Enjoin Use of Right of Way Until Compensation Made. Appeal front Mobile Chancery Court. Heard, before Hon. Thomas H. Smith. Bill by Fowl River Lumber Company against Mobile & Western Railway Company and others to enjoin the operation of a road over a certain right of way for-which there has been no condemnation procedings nor payment made. Upon the coming in of tbe sworn answer denying the allegations of the bill motion was made to dissolve the temporary injunction. This motion was denied and respondent appeals. Appellees have an adequate remedy at law by ejectment. — T. & G. R. R.…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellee against the appellants, alleging that the appellants and their predecessors had constructed and were operating a railroad over the lands of the appellee without having condemned the right of way or compensated the owner therefor, and praying that the defendants be enjoined from operating said railroad or using said land “until it has first been legally condemned or appropriated to the use of the said defendants, as provided by the Constitution and the laws of Alabama, and until just compensation has been made therefor to this complainant.” A…
2Cases cited7 opinions
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
- Birmingham Belt Ry. Co. v. LockwoodSupreme Court of Alabama · 1907
- Cowan v. Southern Railway Co.Supreme Court of Alabama · 1897
- Turner v. StephensSupreme Court of Alabama · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Folmar v. BrantleySupreme Court of Alabama · 1939
- Brown v. BellSupreme Court of Alabama · 1921
- Franklin v. LongSupreme Court of Alabama · 1915
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
9 more not listed; retrieve them via the Exa API.