Memphis State Line Railroad v. Forest Hill Cemetery Co.
Tennessee Supreme Court
FROM SHELBY. Certiorari to tlie Circuit Court of Shelby County.— J. P. Young, Judge. Mr. Justice Neil made a statement of tlie case as follows. The purpose of the present proceeding was to condemn a right of way for the plaintiff: railway company through Forest Hill Cemetery. Forest Hill Cemetery is located something oyer two miles from the city of Memphis. It comprises 180 acres.
Read the full summary
FROM SHELBY. Certiorari to tlie Circuit Court of Shelby County.— J. P. Young, Judge. Mr. Justice Neil made a statement of tlie case as follows. The purpose of the present proceeding was to condemn a right of way for the plaintiff: railway company through Forest Hill Cemetery. Forest Hill Cemetery is located something oyer two miles from the city of Memphis. It comprises 180 acres. The railroad proposes to- run through the southeast corner, appropriating four and forty-nine one hundredths acres, and severing from the body of the cemetery twenty-three and thirty-five one hundredths acres lying…
1Opinion of the CourtJustice Neil
A question of prime importance in this case is whether the land of the defendant company was by the terms of its charter devoted to a public purpose. To settle this point we must construe the charter. It is clear that when the incorporators of the defendant company organized under the charter, and the company bought land pursuant to the powers vested, that land at once became dedicated to cemetery purposes, for the interment of the bodies of the dead, and for the beautification of the grounds as a ministration to the sensibilities of the living. A purchase under such circumstances could mean…
2Cases cited15 opinions
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- Ryan v. Terminal Co.Tennessee Supreme Court · 1899
- Evergreen Cemetery Ass'n v. BeecherSupreme Court of Connecticut · 1886
- Oakland Cemetery Co. v. Peoples Cemetery Ass'nTexas Supreme Court · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Southern Railway Co. v. City of MemphisTennessee Supreme Court · 1912
- State Ex Rel. Commissioner of Transportation v. Medicine Bird Black Bear White EagleCourt of Appeals of Tennessee · 2001
- City of Chattanooga v. StateTennessee Supreme Court · 1924
- Duck River Electric Membership Corp. v. City of ManchesterTennessee Supreme Court · 1975
- Campbell v. Lewisberg & Northern R. R.Tennessee Supreme Court · 1930
23 more not listed; retrieve them via the Exa API.