Birmingham Union Railway Co. v. Elyton Land Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was a proceeding of ad quod damnum, begun in the probate court by the appellant, the. Birmingham Union-Railway Company, seeking to condemn certain lands owned by the Elyton Land Company, the appellee, to its use, for the construction of a street railroad. The petitioner was a street railroad company, organized under the general laws of this State.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was a proceeding of ad quod damnum, begun in the probate court by the appellant, the. Birmingham Union-Railway Company, seeking to condemn certain lands owned by the Elyton Land Company, the appellee, to its use, for the construction of a street railroad. The petitioner was a street railroad company, organized under the general laws of this State. From a judgment in the probate court, appeal was taken to the circuit court. Jt was averred in the petition that the. petitioner, for the purpose of constructing,…
1Opinion of the Court
McCLELLAN, J. —
Counsel for appellant, in the brief filed on this application, call our attention to the fact that in one brief originally, filed in the cause they insisted that the act of December 10th, 1886, conferred upon street railways the power of eminent domain which is sought to- be exercised in this case. The only brief fox-appellant found in the record when the case was considered, however, made no reference to • said act, and we decided the case on the Code provisions and the act of February 26th, 1887, to which alone that brief called our attention. As the case is xxow preseixted…
2Cases cited3 opinions
- State v. RogersSupreme Court of Alabama · 1894
- Stewart v. Court of County CommissionersSupreme Court of Alabama · 1886
- Bay Shell-Road Co. v. O'DonnellSupreme Court of Alabama · 1888
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- Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- In re Greenfield AvenueSupreme Court of Pennsylvania · 1899
- Courtner v. EtheredgeSupreme Court of Alabama · 1907
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