LOUISVILLE & NASHVILLE RAILROAD COMPANY v. State

MERRILL, Justice.

The State of Alabama, appellee and complainant below, filed an action for declaratory judgment and injunctive relief because appellant Louisville & Nashville Railroad Company, hereinafter designated L&N, had connected with a spur track on a highway right-of-way purchased by the State, and was operating trains across the right-of-way on the spur track. The appeal was taken from a decree holding that the State’s rights were superior to those of appellant and enjoining L&N from using the spur track on the right-of-way.

In 1942, appellant Southern Furniture Manufacturing Company,…