Coyne v. Warrior Southern Railway
Supreme Court of Alabama
Appeal from the County Court of Tuscaloosa- Tried before¡ the Hon. Jambs J. Mayfield. The appellant, Joseph Coyne, filed this bill of complaint in the Tuscaloosa county court against appellee, the Warrior Southern Railway Company, averring that the firm of Willard, Cornwell & Coyne, of which complainant was a member, acquired from the Tide Water Coal Company in 1900 certain rights to- quarry on the lands described in the hill of complaint.
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Appeal from the County Court of Tuscaloosa- Tried before¡ the Hon. Jambs J. Mayfield. The appellant, Joseph Coyne, filed this bill of complaint in the Tuscaloosa county court against appellee, the Warrior Southern Railway Company, averring that the firm of Willard, Cornwell & Coyne, of which complainant was a member, acquired from the Tide Water Coal Company in 1900 certain rights to- quarry on the lands described in the hill of complaint. The bill then avers that said firm had contracted to- build a certain lock and dam in the Warrior river for the United States, and that complainant…
1Opinion of the Court
TYSON, J.-
Tba bill in this cause seeks- to enjoin the respondent from constructing its railroad along and across certain described lands in which the complainant asserts an interest. The equity of the hill rests upon the allegations of an interest owned by complainant in the lands and the attempted taking by respondent for public use without first making just compensation therefor. If it be conceded that complainant is shown to have such an interest in the lands as could he condemned by the respondent railroad company, then the equity of the bill is beyond cavil; and this is true without…
2Cases cited9 opinions
- Burrow v. Terre Haute & Logansport RailroadIndiana Supreme Court · 1886
- Olive, Sternenberg & Co. v. Sabine & East Texas Railway Co.Court of Appeals of Texas · 1895
- Onthank v. . L.S. and M.S.R.R. Co.New York Court of Appeals · 1877
- Birmingham Traction Co. v. . Birmingham Railway & Electric Co.Supreme Court of Alabama · 1898
- Long v. GillSupreme Court of Alabama · 1885
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3Cited by2 opinions
- Alabama Central Railroad v. LongSupreme Court of Alabama · 1909
- Southern Ry. Co. v. HaysSupreme Court of Alabama · 1907