Evans v. Savannah & Western Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of'Jefferson. Tried before the Hon. James B. Head. (1.) Twenty-ninth street was a public highway, dedicated to the use of the public by the acts of the original owner, -the Elyton Land Company; which dedication enured to the benefit of the plaintiff when he acquired one of the lots by purchase, and left in said company no right to impose an additional servitude on the land. Rowan v. Portland, 8 B. Monroe, 232; McCall v. Davis, 94 Amer.
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Appeal from the Circuit Court of'Jefferson. Tried before the Hon. James B. Head. (1.) Twenty-ninth street was a public highway, dedicated to the use of the public by the acts of the original owner, -the Elyton Land Company; which dedication enured to the benefit of the plaintiff when he acquired one of the lots by purchase, and left in said company no right to impose an additional servitude on the land. Rowan v. Portland, 8 B. Monroe, 232; McCall v. Davis, 94 Amer. Dec. 95; 5 Amer. & En. Encyc. Law, 405, note; Birmingham v. Anderson, 48 Penn. St. 253; Trutt v. Sprotts 87 Penn. St. 339; 111…
1Opinion of the Court
CLOPTON. J.
Appellant sues to recover damages for injuries alleged to have been done to his property by defendant’s *56construction, operation and maintenance of a railroad track along a public street fronting on his property, designated as Twenty-ninth street. Plaintiff’s lot and the adjacent lands were formerly owned by the Elyton Land Company, which company divided the land into lots, and caused two maps to be made — one in 3 871, and the other in 1886 — showing the various lots, streets and avenues. Upon each of these maps a street was sketched, and designated as Twenty-ninth street. On…
2Cases cited3 opinions
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- City Council v. TownsendSupreme Court of Alabama · 1886
- Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
3Cited by28 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Western Railway v. Ala. Grand Trunk RailroadSupreme Court of Alabama · 1892
- Folmar v. BrantleySupreme Court of Alabama · 1939
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