Memphis & Charleston Railroad v. Birmingham, Sheffield & Tennessee River Railway Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Colbert. Tried before the Hon. H. C. Speake. The appellee, the Birmingham, Sheffield & Tennessee River Railway Company, a domestic corporation, on the 5th day of May, 1890, filed an application or petition, to the Hon. John A. Steele, judge of the Probate Court of Colbert county, under section 1582 of the Code, for the appointment of three arbitrators by the probate judge to determine the terms and conditions upon which the petitioner should…
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Appeal from tlie Circuit Court of Colbert. Tried before the Hon. H. C. Speake. The appellee, the Birmingham, Sheffield & Tennessee River Railway Company, a domestic corporation, on the 5th day of May, 1890, filed an application or petition, to the Hon. John A. Steele, judge of the Probate Court of Colbert county, under section 1582 of the Code, for the appointment of three arbitrators by the probate judge to determine the terms and conditions upon which the petitioner should be allowed to cross, or intersect the track of the appellant, The Memphis & Charleston Railroad Company, near the city…
1Opinion of the CourtThorington, J.
The sole question raised by this appeal involves the constitutionality of section 1582 of the Code of 1886. This section prescribes the mode by which one railroad company may acquire the right to cross or intersect the road of another, and appellant insists the statute is unconstitutional for the following reasons: 1. It fails to require notice of the filing of the petition, and hence fails to provide an opportunity to controvert its allegations. 2. It fails to provide for an appeal or a trial by jury. 3. It does not provide for the assessment or payment of just compensation to the injured…
2Cases cited8 opinions
- Delaplaine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Montg. So. Railway Co. v. SayreSupreme Court of Alabama · 1882
- Postal Telegraph Cable Co. v. Ala. Great Southern RailroadSupreme Court of Alabama · 1890
- Ala. Midland Railway Co. v. NewtonSupreme Court of Alabama · 1891
- Woodward Iron Co. v. CabanissSupreme Court of Alabama · 1888
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3Cited by15 opinions
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