Columbus & Western Railway Co. v. Witherow
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. Henry A. Sharpe. ■The bill in this case was filed on the 13th June, 1887, by R>. W. Witherow, a non-resident, against the Columbus & Western Railway Company, a corporation organized under the general statutes (Code, §§ 1821-59) for the purpose, as declared in the articles of incorporation, of building a railroad between Goodwater (in Coosa county) and Birmingham ; and sought to enjoin and restrain the…
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. Henry A. Sharpe. ■The bill in this case was filed on the 13th June, 1887, by R>. W. Witherow, a non-resident, against the Columbus & Western Railway Company, a corporation organized under the general statutes (Code, §§ 1821-59) for the purpose, as declared in the articles of incorporation, of building a railroad between Goodwater (in Coosa county) and Birmingham ; and sought to enjoin and restrain the deiendant from the further construction of an embankment in one of the streets of the town of Leeds, known as Twelfth…
1Opinion of the CourtSomerville, J.
— The prima facie case made by the bill undoubtedly entitled the complainant to the relief of a court of equity, through the aid of an injunction, the purpose of which may be both protective and prohibitory. The allegations of the bill show, that the complainant is the owner in fee of two lots, in the town of Leeds — a municipality incorporated under the general laws of the State — and that said lots fronted or abutted on one of the public streets, known as Twelfth Avenue. The title was derived from one Montgomery, who, about three years previous, had laid off the town, and dedicated the…
2Cases cited10 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Perry v. New Orleans, Mobile & Chattanooga RailroadSupreme Court of Alabama · 1876
- City Council v. TownsendSupreme Court of Alabama · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- Clifton Iron Co. v. DyeSupreme Court of Alabama · 1888
- Madison v. Ducktown Sulphur, Copper & Iron Co.Tennessee Supreme Court · 1904
29 more not listed; retrieve them via the Exa API.