Mobile & Birmingham R. R. v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from. Mobile Chancery Court. Heard before Hon. Ti-iomas H. Smith. Bill by the Mobile & Birmingham Railroad Company, and others, against the Louisville & Nashville Railroad Company, and others, to restrain the latter road from interfering with complainant’s crossing over respondent’s track, pending an appeal in a condemnation proceeding denying that right. From a decree discharging a temporary injunction, complainant appeals.
1Opinion of the CourtMayfield, J.
Appellant Mobile & Birmingham Railroad Company, filed its application in the probate court of Mobile county to condemn a right of way across *418the track of the Louisville & Nashville Railroad Company. This application was granted by the probate court, and the damages were fixed at $1,000. From this judgment the Louisville & Nashville Railroad Company appealed to the circuit court of Mobile county, where a trial de novo was had, resulting in the denial of the right to condemn the crossing. Pending the appeal to the circuit court, the Mobile & Birmingham Railroad Company executed a bond, and paid…
2Cases cited9 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
- Wadsworth v. GoreeSupreme Court of Alabama · 1892
- Clark v. Board of EducationSupreme Court of New Jersey · 1909
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3Cited by8 opinions
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Ex Parte FinleySupreme Court of Alabama · 1944
- Bowdoin v. BowdoinSupreme Court of Alabama · 1932
- Kulwin v. HarshAppellate Court of Illinois · 1924
- Public Service Co. v. McCloskeyAppellate Court of Illinois · 1925
3 more not listed; retrieve them via the Exa API.