Long Distance Telephone & Telegraph Co. v. Schmidt
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard, before Hon. 1). W. Speaks. - Condemnation proceedings by the Long Distance Telephone Company against Max Schmidt, and others. . From a judgment for defendants, plaintiff appeals. Most of the facts are stated in the opinion of the court.
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Appeal from Cullman Circuit Court. Heard, before Hon. 1). W. Speaks. - Condemnation proceedings by the Long Distance Telephone Company against Max Schmidt, and others. . From a judgment for defendants, plaintiff appeals. Most of the facts are stated in the opinion of the court. Assignments of error 17 and 19 are as follows: “The court erred in overruling appellant’s motion to exclude the statement of the witness Richard that before the telephone line was built the appellee Gofer’s land was worth $20 per acre, and after the line was built it was worth $2 less per acre.” (19) The court erred in…
1Opinion of the CourtTyson, C. J.
— This proceeding was instituted by the appellant to condemn for its use as a telephone and *395telegraph company a right of way over the lands of the appellees. The questions presented arise upon except tions reserved upon the trial relating to the amount of damages and compensation which the appellees, as landOAvners, are entitled to receive by reason of the construction of appellant’s line, and the taking of the right of way sought to be condemned.
Against appellant’s objection, the respondents were permitted to prove the value of the trees cut and destroyed by it in the construction of its…
2Cases cited4 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Clark v. ZeiglerSupreme Court of Alabama · 1885
- Perdue v. Brooks Bros.Supreme Court of Alabama · 1888
- Mobile & Ohio Railroad v. HesterSupreme Court of Alabama · 1898
3Cited by30 opinions
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1914
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Alabama Power Co. v. Keystone Lime Co.Supreme Court of Alabama · 1914
- Prudential Ins. Co. v. CalvinSupreme Court of Alabama · 1933
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