Western Union Telegraph Co. v. S. & N. Ala. R. R.
Supreme Court of Alabama
Appeal from Birmingham, City Court. Heard before Hon. C. C. Nesmith. Condemnation proceedings by tbe Western Union Telegraph Company against the South & North Alabama Railroad Company. From a judgment denying the right of condemnation the petitioner appeals.
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Appeal from Birmingham, City Court. Heard before Hon. C. C. Nesmith. Condemnation proceedings by tbe Western Union Telegraph Company against the South & North Alabama Railroad Company. From a judgment denying the right of condemnation the petitioner appeals. Under the circumstances shown by the petition, the right of way sought to be condemned is to be treated as one continuous tract of land. ■ — St. Louis v. Postal Oo., 51 N. E. 388; Houston, etc., Go. v. Postal Go., 45 S. W. 100. The question of what is a public use is a judicial question, and the application was properly filed under…
1Opinion of the Court
de GRAFFENRIED, J.
— The South & North Alabama Railroad Company is a corporation organized under the laws of Alabama and operates a line of railway as a common carrier of freight and passengers from Decatur, Morgan county, Ala., to Montgomery, Ala. The right of way is 100 feet wide, more or less, along the course of said railway. For most of the way the railroad company has a single line of railway, the track being 4 feet and 8% inches gauge, and along its entire way it possesses and uses such switches, turnouts, turntables, water tanks, depot buildings, and roundhouses as are necessary to the…
2Cases cited16 opinions
- Hoke & Economides v. United StatesSupreme Court of the United States · 1913
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Bennett v. City of MarionSupreme Court of Iowa · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louisville & Nashville R. R. v. Western Union Telegraph Co.Supreme Court of Alabama · 1915
- Mobile & Birmingham R. R. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1915
- State v. Western Union Telegraph Co.Supreme Court of Alabama · 1922
- Norville v. SeebergSupreme Court of Alabama · 1920
- Bishop State Community College v. ArchibleCourt of Civil Appeals of Alabama · 2008
6 more not listed; retrieve them via the Exa API.