Wiggins v. Alabama Power Co.

The right of a hydroelectric company to acquire by condemnation a right of way 100 feet in width upon which to erect tower, pole, or wire lines (Code, § 7196), and the right “to remove outside of said rights of way such timber as may injure or endanger by shading, falling, or otherwise, any 'of its works” (Code, § 7199), relate to one right of way carrying the rights and privileges defined in the two sections. Two separate condemnation proceedings are not required.

A similar right to condemn and remove trees outside the right of way of 100 feet is conferred upon railroads (section 7018), upon…