Harrell v. Ellsworth
Supreme Court of Alabama
Error to the Chancery Court of Chámbers; Tried before the Hon. Wilie W. Mason. An injunction will be granted to secure to a party’ the enjoyment of a privilege confered by statute, of which he is in the-actual possession, and where his legal title is not put in doubt. Croton Turnpike Co. v. Ryder, 1 Johns.
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Error to the Chancery Court of Chámbers; Tried before the Hon. Wilie W. Mason. An injunction will be granted to secure to a party’ the enjoyment of a privilege confered by statute, of which he is in the-actual possession, and where his legal title is not put in doubt. Croton Turnpike Co. v. Ryder, 1 Johns. Ch. 611. Where one has a grant of a ferry, bridge,- or road, with the exclusive right of taking toll, the erection of another ferry, bridge or road so near it as to create a competition injurious to such franchise, is a nuisance, and this court will grant a perpetual injunction to secure…
1Opinion of the CourtParsons, J.
The plaintiffs in error were the complainants below.- They state in their bill that the commissioners’ court of roads and revenue in Chambers county, on the 4th day of December 1848, granted to them a license to establish a toll bridge across Osenappa creek, in that county, where one of the public roads crosses it, and to erect a toll-gate for their benefit for the term of five years from that time, and to charge the rates of toll, which were prescribed by the commissioners’ court. They exhibited with their bill a transcript from the records of the commissioners’ court, showing the grant of…
2Cases cited2 opinions
- Duke v. Cahawba Nav. Co.Supreme Court of Alabama · 1849
- Gates v. M'DanielSupreme Court of Alabama · 1829
3Cited by13 opinions
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Billings v. BreinigMichigan Supreme Court · 1881
- State of Ga. v. Toll Bridge AuthoritySupreme Court of Georgia · 1954
- Waugh v. ChaunceyCalifornia Supreme Court · 1859
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