Mayor of Birmingham v. Alabama G. S. R. R. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before the Hon. H. A. Sharpe. 1. Equity, will not, as a general rule, interfere by injunction, with the enforcement of a municipal ordinance. — Moses v. Mayor and A. of Mobile, 52 Ala. 198. 2. Equity will, however, interfere to protect the franchise of a corporation from infringement. — Port of Mobile v. L. é N. R. R. Go., 84 Ala. 110. 3. Private corporations take their franchises subject to the reasonable burdens incident to the…
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Appeal from Birmingham City Court. Heard before the Hon. H. A. Sharpe. 1. Equity, will not, as a general rule, interfere by injunction, with the enforcement of a municipal ordinance. — Moses v. Mayor and A. of Mobile, 52 Ala. 198. 2. Equity will, however, interfere to protect the franchise of a corporation from infringement. — Port of Mobile v. L. é N. R. R. Go., 84 Ala. 110. 3. Private corporations take their franchises subject to the reasonable burdens incident to the growth and development of the country. All private rights in property are subject to the governmental “Police Power.” —…
1Opinion of the CourtHead, J.
The bill is filed by the Alabama Great Southern Railroad Company to enjoin the enforcement of the following ordinance adopted by the mayor and aldermen of Birmingham, a municipal corporation:
“It shall be unlawful to make up any train across Twentieth Street, by switching or otherwise, at any time, or to switch back and forth across said street for the purpose of distributing cars between the hours of 6 in the morning and 11 at night, but it shall not be unlawful to use the tracks on said street for placing cars on bulk tracks in the yards. Bo obstruction shall remain on, or be across said…
2Cases cited1 opinion
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
3Cited by4 opinions
- Shepard v. City of SeattleWashington Supreme Court · 1910
- Colorado & Southern Railway Co. v. City of Fort CollinsSupreme Court of Colorado · 1911
- Williamson v. City of AnnistonSupreme Court of Alabama · 1927
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909