Mobile & Birmingham R. R. v. Louisville & Nashville Railroad
Supreme Court of Alabama
Eminent Domain. Appeal from. Mobile Circuit Court. Heard before Hon. Samuel B. Br'owne. Application by the Mobile & Birmingham Railway Company to condemn a way across property’ of the L. & N. R. R. Co. There was judgment of condemnation, which on motion of respondent was set aside,’ and a new trial granted, from which petitioner appeals.
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Eminent Domain. Appeal from. Mobile Circuit Court. Heard before Hon. Samuel B. Br'owne. Application by the Mobile & Birmingham Railway Company to condemn a way across property’ of the L. & N. R. R. Co. There was judgment of condemnation, which on motion of respondent was set aside,’ and a new trial granted, from which petitioner appeals. Counsel discuss the merits of the controversy, with citation of authority, but in view of the opinion it is not deemed necessary to here set it out. They insist that the court was in error in its action granting a new trial. Counsel discuss the merits of the…
1Opinion
On Rehearing.
PER CURIAM.-
The insistence of counsel for appellant that this court proceed to a determination of the more material questions involved in this controversy, rather than that the decision should be rested on the proposition stated in the opinion, is a matter which was considered by the court on the original hearing. The investigation of those questions, as presented by the record and assignments of error, was thoroughly made by the Justice to whom the appeal was assigned for the preparation of an opinion thereon for submission to the consultation of the court; but, since the result…
2Cases cited2 opinions
- Choate v. Alabama Great Southern R. R.Supreme Court of Alabama · 1911
- Central Iron & Coal Co. v. ThompsonSupreme Court of Alabama · 1910