Morris v. Montgomery Traction Co.
Supreme Court of Alabama
Appeal from tlu; City Court of Montgomery, in Equity. Heard before TIou. A. I). Sayre. The bill in this cause was filed by J. M. Morris, the appellant, and other owners of property situated on Mottle Street in the city of Montgomery, and sought to enjoin the appellee from constructing and operating a street railway on said Mobile Street.
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Appeal from tlu; City Court of Montgomery, in Equity. Heard before TIou. A. I). Sayre. The bill in this cause was filed by J. M. Morris, the appellant, and other owners of property situated on Mottle Street in the city of Montgomery, and sought to enjoin the appellee from constructing and operating a street railway on said Mobile Street. The allegations of the bill were, in substance, that- said street was very narrow, being only twenty-four feet in width,.and was one of the principal thoroughfares in the "city of Montgomery, and was passed, by a great number of people daily, in wagons,…
1Opinion of the CourtHaralson, J.
“Streets and highways are dedicated to the use of the traveling public, and street railways, which are for the purpose of facilitating travel, impose no additional burden upon the abutting owner, and are a public use.” If they create noise, dust and vibrations, and are attended with some inconvenience and even danger to life and property, so do other vehicles of travel and trade. They are legitimate uses within the original dedication of streets for the benefit of the public. — Joyce on Electric Law, § § 278, 341.
“A street surface passenger railway constructed at street, grade in the usual…
2Cases cited2 opinions
- Baker v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1902
- Birmingham Traction Co. v. Sou. Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1898
3Cited by3 opinions
- B'ham Ry. L. & P. Co. v. SmyerSupreme Court of Alabama · 1913
- Birmingham, Ensley & Bessemer R. R. v. StaggSupreme Court of Alabama · 1916
- Alabama Traction Co. v. Selma Trust & Savings BankSupreme Court of Alabama · 1925