Mobile, Jackson & Kansas City Railroad v. Riley
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. Wm. S. Anderson. This was a condemnation proceeding for a railroad right of way, instituted in the Probate Court of Mobile County, and removed by appeal to the Circuit Court. It appeared that the proposed right of way crossed the lands of appellee from east to west, leaving a triangular tract south of the right of way.
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Appeal from Mobile Circuit Court. Tried before Hon. Wm. S. Anderson. This was a condemnation proceeding for a railroad right of way, instituted in the Probate Court of Mobile County, and removed by appeal to the Circuit Court. It appeared that the proposed right of way crossed the lands of appellee from east to west, leaving a triangular tract south of the right of way. The witnesses, Outlaw, a real estate agent, and Bennett, a brick-maker and farmer, were permitted, against the general objection of appellant, to give their opinions; 1, as to the value of the lands per acre before the right…
1Opinion of the CourtColeman, J.
The appeal is prosecuted from a judgment rendered in condemnation proceedings, instituted by appellant to secure a right of Avay across the lands of appellee. The only assignments of error relate to the admission of the testimony of one OutlaAV, and one Bennett, and the instruction to the jury.
An examination of the record shows that the objections of appellant to the testimony were general, specifying no grounds whatever. If the real ground of objection Avas, that a sufficient predicate had not been laid for the introduction of expert testimony, and the ground had been stated, it may be, that…
2Cases cited3 opinions
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Burks v. HubbardSupreme Court of Alabama · 1881
3Cited by7 opinions
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- Bufford v. LittleSupreme Court of Alabama · 1909
- Salt Lake Inv. Co. v. Oregon Short Line R.Utah Supreme Court · 1914
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