Tennessee & Coosa Railroad v. Taylor
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This was a statutory action in the nature of ejectment,, brought by the appellee, J.C. Taylor, against the Tennessee & Coosa Railroad Co., and was commenced on December 9, 1890. The facts of the case are sufficiently stated in the opinion. A railroad is a public highway within the meaning of soction 2477 of the Revised Statutes of the United States.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This was a statutory action in the nature of ejectment,, brought by the appellee, J.C. Taylor, against the Tennessee & Coosa Railroad Co., and was commenced on December 9, 1890. The facts of the case are sufficiently stated in the opinion. A railroad is a public highway within the meaning of soction 2477 of the Revised Statutes of the United States. To constitute an abandonment there must be the concurrence of the intention to abandon, and the actual relinquishment of the property, so that it may be appropriated by…
1Opinion of the CourtMcCLELLAN, J.
This is a statutory action by Taylor against the railroad company for the recovery of land. The complaint contains two counts. In the first count the land claimed is thus described : ‘ ‘A strip of land one hundred feet wide in the southeast fractional quarter of section 32, township 10, range 5, in Etowah county, Ala.,being 50 feet on either side from the centre of the road-bed of the Tennessee & Coosa Railroad Company as far as the said road passes through said fractional quarter section. ’ ’The second count claims the whole of the quarter section. The cause was tried on issue joined on the…
2Cases cited2 opinions
- Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
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- Lewis v. LewisSupreme Court of Alabama · 1917
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- Atchison, Topeka & Santa Fe Railway Co. v. RichterNew Mexico Supreme Court · 1915
- Canadian River R. v. Wichita Falls & N. W. R. Co.Supreme Court of Oklahoma · 1917
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