Horton v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Colbert Chancery Court. Heard before Hon. W. H. Simpson. Bill by T. B. Horton, and others, against the Southern Railway Company, to enjoin the removal of its depot from one point to another in the city of Tuscumbia. From a decree denying the temporary injunction, and dismissing the bill, complainants appeal.
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Appeal from Colbert Chancery Court. Heard before Hon. W. H. Simpson. Bill by T. B. Horton, and others, against the Southern Railway Company, to enjoin the removal of its depot from one point to another in the city of Tuscumbia. From a decree denying the temporary injunction, and dismissing the bill, complainants appeal. The railway company is without right to inflict injury upon the public by removing its station for the purpose of advancing its own emolument or convenience. — 33 Cyc. 142; 2 Elliott R. R. 931 Ala. p. 414; Feople v. L. & N. R. R. Go; 10 N. E. Rep. 657; Purdy’s Beach on…
1Opinion of the CourtMayfield, J.
Appellants filed this bill to enjoin the appellee railway company from removing its passenger depot from its present location to another, some 3,600 feet distant. The bill alleges that the present site is centrally located in Tuscumbia, which is a city of 4,000 or more inhabitants, and contains property assessed at a valuation of $2,000,000; that about 42,000 tickets are annually sold from this depot over the main and branch lines of the railroad; that the present depot is located very near that of the Louisville &■ Nashville; that it has been so located for about 65 or 70 years; that within…
2Cases cited14 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- First National Bank v. TysonSupreme Court of Alabama · 1901
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
- People ex rel. Hunt v. Chicago & Alton RailroadIllinois Supreme Court · 1889
- People ex rel. Walker v. Louisville & Nashville RailroadIllinois Supreme Court · 1887
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3Cited by2 opinions
- Nashville, C. & St. L. Ry. Co. v. HulganSupreme Court of Alabama · 1929
- Hall v. North Montgomery Materials, LLCCourt of Civil Appeals of Alabama · 2008