Postal Telegraph Cable Co. v. Ala. Great Southern Railroad
Supreme Court of Alabama
Appeal from Ihe Probate Court of Sumter. Heard before the Hon. W. B. DbLoaoh. In the matter of proceedings instituted by the Postal Telegraph Cable Company, a private corporation, by petition seeking to condemn for its own use and purposes a part of the right of way of the Alabama Great Southern Railroad Company.
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Appeal from Ihe Probate Court of Sumter. Heard before the Hon. W. B. DbLoaoh. In the matter of proceedings instituted by the Postal Telegraph Cable Company, a private corporation, by petition seeking to condemn for its own use and purposes a part of the right of way of the Alabama Great Southern Railroad Company. A jury of six men was summoned and impanelled, to whom the question of damages was submitted, and who returned a verdict assessing the defendant’s damages at $4,760; and the court thereupon rendered judgment, condemning the right of way as prayed in the petition, on payment of the…
1Opinion of the CourtMcOLELLAN, J.
Article II, Chapter 15 (§§ 3207-3220) of the present Code was intended to provide, and did provide, for a complete proceeding by which lands might be condemned to public uses, from the initiation thereof by application to-the probate court of the county in which the land, or a mate*332rial portion thereof, proposed to be condemned is situated, to a final determination, if need be, on appeal to this court. Section 3210 provides for the summoning, impanelling, and assessment of damages by, a common-law jury of twelve men, in recognition of the right secured to the parties by the organic law to a…
2Cases cited2 opinions
- Montg. So. Railway Co. v. SayreSupreme Court of Alabama · 1882
- Woodward Iron Co. v. CabanissSupreme Court of Alabama · 1888
3Cited by14 opinions
- Reeves v. StateSupreme Court of Alabama · 1892
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
- Odum v. Rutledge & Julian RailroadSupreme Court of Alabama · 1891
- Memphis & Charleston Railroad v. Birmingham, Sheffield & Tennessee River Railway Co.Supreme Court of Alabama · 1893
- Ala. Midland Railway Co. v. NewtonSupreme Court of Alabama · 1891
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