Southern Ry. Co. v. Hays
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. IT. Simpson. Bill by Fannie Hayes and others against, the Southern Railway Company. From a decree for complainants, defendant appeals. This was a bill exhibited by Fannie Hayes, and Clifton, Bessie, Stella, Walter, Minnie, Arthur, Lucile, and Memory Hayes, by Fannie Hayes, next friend, against the Southern Railway Company.
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Appeal from Morgan Chancery Court. Heard before Hon. W. IT. Simpson. Bill by Fannie Hayes and others against, the Southern Railway Company. From a decree for complainants, defendant appeals. This was a bill exhibited by Fannie Hayes, and Clifton, Bessie, Stella, Walter, Minnie, Arthur, Lucile, and Memory Hayes, by Fannie Hayes, next friend, against the Southern Railway Company. The allegations of the bill are that the complainants hare been the owners in fee simple of a certain parcel of ground in tlie city of Decatur which abuts on the southeastern side of a cut or depiession in which is…
1Opinion of the CourtTyson, C. J.
The hill in this cause is exhibited to secure to the complainants the constitutional guaranty of “just compensation” to he paid before their pioperty shall he taken, injured, or destroyed by the respondent, AA'liich is empowered Avitli the right of eminent domain under the laAvs of this state. The right to maintain such a bill, AA’ithout regard to the solvency of the respondent or ihe adequacy or inadequacy of legal remedies, has been too fairly established by the decisions of this court to noAV admit of serious discussion—Birmingham Traction Co. v. Birmingham Railway & Electric Co., 119 Ala.…
2Cases cited10 opinions
- Birmingham Traction Co. v. . Birmingham Railway & Electric Co.Supreme Court of Alabama · 1898
- Campbell v. NobleSupreme Court of Alabama · 1895
- Slayton v. BlountSupreme Court of Alabama · 1890
- Sullivan v. McLaughlinSupreme Court of Alabama · 1891
- City Council of Montgomery v. LemleSupreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
- Thompson v. OdomSupreme Court of Alabama · 1966
- Dancy v. Alabama Power Co.Supreme Court of Alabama · 1916
1 more not listed; retrieve them via the Exa API.