Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A.'D. Sayre. The bill in this case was filed by the Mobile & Montgomery Railway Company and the Louisville & Nashville Railroad Company against the Alabama Midland Railway Company. The allegations of the bill and. the facts of the case are set forth at length in the opinion.
Read the full summary
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A.'D. Sayre. The bill in this case was filed by the Mobile & Montgomery Railway Company and the Louisville & Nashville Railroad Company against the Alabama Midland Railway Company. The allegations of the bill and. the facts of the case are set forth at length in the opinion. The prayer of the bill was ‘‘that a preliminary injunction issue enjoining and restraining said Alabama Midland Railway Company, its officers, agents, and servants, from occupying or keeping possession of any part of what was formerly known as…
1Opinion of the CourtHaralson, J.
The principles involved in this litigation have been the subject of repeated consideration and adjudication in this court. We may, for the purposes in hand, so far as is deemed necessary, summarize the result of these decisions — in harmony with decisions elsewhere, and with the text writers on the subject.
The rights of property in the public streets of a city, as has been held, are of two classes. The one, when there has been, by the' owner of the land, a simple dedication of a part of the land as a street or public highway, without any conveyance of title, in which case neither the…
2Cases cited14 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Barney v. KeokukSupreme Court of the United States · 1877
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- State v. Mayor of MobileSupreme Court of Alabama · 1837
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chichester v. KromanSupreme Court of Alabama · 1930
- State ex rel. Attorney General v. Louisville & N. R. R.Supreme Court of Alabama · 1908
- Birmingham Ry. Light & Power Co. v. OdenSupreme Court of Alabama · 1906
- Alabama Terminal R. R. v. CrawfordAlabama Court of Appeals · 1914
- City of Birmingham v. GravesSupreme Court of Alabama · 1917