B'ham Ry. L. & P. Co. v. Smyer
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by E. J. Smyer against the Birmingham Railway Light & Power Company to enjoin the laying of double tracks in a certain street in the city of Birmingham, and for other relief. From the decree rendered, respondent appeals, and complainant takes a cross appeal.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by E. J. Smyer against the Birmingham Railway Light & Power Company to enjoin the laying of double tracks in a certain street in the city of Birmingham, and for other relief. From the decree rendered, respondent appeals, and complainant takes a cross appeal. The word injured as used in section 235, Constitution 1901, includes only the violation of a right, or damages for the violation of a legal right. —-88 Am. St. Rep. 895; 40 Am. St. Rep. 319; 61 Am. St. Rep. 770; 51 Pac. 526; 41 N. E. 817; 132 N. C. 573; 35 Atl. L.…
1Opinion of the CourtMayfield, J.
The following statement of the record, which is practically appellee’s statement of the case made by his bill, presents the following questions for decision on this appeal: (1) Can a person whose property abuts on a public street in a city, which street is 34 feet wide, is much used for general travel, has *125been paved at the expense of abutting owners, and accommodates an electric street car line which is operated at grade, have injunctive relief against the street car company to prevent the construction by it of a double track on that street, notwithstanding the construction of such line is…
2Cases cited19 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
- Perry v. New Orleans, Mobile & Chattanooga RailroadSupreme Court of Alabama · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Densmore v. City of BirminghamSupreme Court of Alabama · 1931
- Ex Parte AshworthSupreme Court of Alabama · 1920
9 more not listed; retrieve them via the Exa API.