Birmingham & Atlantic A. R. R. Co. v. L. &. N. R. R. Co.
Supreme Court of Alabama
Bill to Enjoin Condemnation Proceedings and Enforce a Trust. Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Bill by the Louisville & Nashville Bailroad Company against the Birmingham & Atlantic Air Line Railway Company, and the Louisville Property Company to enjoin condemnation proceedings instituted by the B. & A. A. R. R. Co. against the Louisville Property Company, and to enforce a resulting trust.
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Bill to Enjoin Condemnation Proceedings and Enforce a Trust. Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Bill by the Louisville & Nashville Bailroad Company against the Birmingham & Atlantic Air Line Railway Company, and the Louisville Property Company to enjoin condemnation proceedings instituted by the B. & A. A. R. R. Co. against the Louisville Property Company, and to enforce a resulting trust. Motion was made to dismiss the bill for want of equity and to dissolve a temporary injunction issued. From a decree denying the motion, the respondent railroad company…
1Opinion of the CourtDenson, J.
The Louisville & Nashville Railroad Company filed this bill in the city court of Talladega on *425the 19th of March, 1907, against the Birmingham & Atlantic Bailroad Company and the Louisville Property Company. In the bill it is averred that complainant is a common carrier, engaged in operating a railroad, through the city of Talladega, from Calera to Gadsden, Ala., connecting with its main line at Calera, Ala.; that the Birmingham & Atlantic Bailroad Company is engaged in operating a railroad from Pell City to Talla-dega, the latter place being its terminus; that the complainant’s passenger and…
2Cases cited11 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Haney v. LeggSupreme Court of Alabama · 1900
- Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
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- Sanders v. SteeleSupreme Court of Alabama · 1899
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