Mobile & Girard Railroad v. Ala. Midland Railway Co.
Supreme Court of Alabama
Appeal from the Probate Court of Pike. Heard before the Hon. W. J. Hilliard. In the matter of the petition of the Alabama Midland Railroad Company, a corporation organized under the general statutes of the State, seeking to condemn a right of way for its road along and across the track of the Mobile & Girard Railroad Company, near and through the city of Troy in Pike county.
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Appeal from the Probate Court of Pike. Heard before the Hon. W. J. Hilliard. In the matter of the petition of the Alabama Midland Railroad Company, a corporation organized under the general statutes of the State, seeking to condemn a right of way for its road along and across the track of the Mobile & Girard Railroad Company, near and through the city of Troy in Pike county. The petition was contested by the Mobile & Girard Railroad Company, which was incorporated under a legislative charter granted on the 21st January, 1846; but it appeared that the road and franchises of said defendant…
1Opinion of the CourtClopton, J.
This appeal is taken from a decree of the Probate Court of Pike county, condemning a part of the right of way of the Mobile & Girard Railroad Company, on proceedings instituted by appellee. The contest is between corporations, and involves the authority of a railroad company, incorporated under the general laws, to take, by condemnation proceedings, the property, or any part of another *504corporation, already devoted, by legislative authority, to a public use. The Mobile & Girard Railroad Company was incorporated in 1846, by an act o£ the General Assembly, and acquired the right of way condemned…
2Cases cited6 opinions
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Milwaukee & St. Paul Railway Co. v. City of FaribaultSupreme Court of Minnesota · 1876
- Anniston & Cincinnati Railroad v. Jacksonville, Gadsden Attalla RailroadSupreme Court of Alabama · 1886
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3Cited by23 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Dean v. County Board of EducationSupreme Court of Alabama · 1923
- State Ex Rel. Polson Logging Co. v. Superior CourtWashington Supreme Court · 1941
- Evans v. Savannah & Western Railway Co.Supreme Court of Alabama · 1890
18 more not listed; retrieve them via the Exa API.