Legal Opinion

Birmingham & Atlantic A. R. R. Co. v. L. &. N. R. R. Co.

Supreme Court of Alabama

Decided July 2, 1907PublishedCited by 6 opinions

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.

Read the full summary

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

  1. Lehman v. LewisSupreme Court of Alabama · 1878
  2. Haney v. LeggSupreme Court of Alabama · 1900
  3. Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
  4. Severin v. ColeSupreme Court of Iowa · 1874
  5. Sanders v. SteeleSupreme Court of Alabama · 1899

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Mesich v. Board of County Com'rs of McKinley Co.New Mexico Supreme Court · 1942
  2. Rutland Railway, Light & Power Co. v. Clarendon Power Co.Supreme Court of Vermont · 1912
  3. Carroll v. DraughonSupreme Court of Alabama · 1911
  4. McClellan v. PenningtonSupreme Court of Alabama · 2004
  5. Agricola v. HARBERT CONSTRUCTION CORPORATIONSupreme Court of Alabama · 1975

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API