Louisville & Nashville Railroad v. Mobile, Jackson & Kansas City Railroad
Supreme Court of Alabama
Aiteal from Mobile Chancery Court. Heard before Hon. W. H. Tayloe. The facts are stated in the opinion. (1). The unauthorized construction of a railroad in a street is a public nuisance that may be enjoined People v. Neio I7or7c/43 Barb. 73; 8cheurmeirer v: 8t. Paul & P. B. Co., 10 Minn. 82; Stoioers v. Pos. Tel. Co., 9 So.
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Aiteal from Mobile Chancery Court. Heard before Hon. W. H. Tayloe. The facts are stated in the opinion. (1). The unauthorized construction of a railroad in a street is a public nuisance that may be enjoined People v. Neio I7or7c/43 Barb. 73; 8cheurmeirer v: 8t. Paul & P. B. Co., 10 Minn. 82; Stoioers v. Pos. Tel. Co., 9 So. Rep. 357. (2). And injunction may be obtained by any person aaJio may injured. — Mayor &c. v. Rogers, 10 Ala. 47; Whaley v, Wilson, 112 Ala, 629. (3). Orclinance of City of Mobile granting right to lay tracks in street void — no authority in charter. — Ferry v. N. 0., M. &…
1Opinion of the CourtDowdell, J.
— The appellant, the Louisville & Nashville Railroad Co., filed its bill in the chancery court of Mobile county, seeking to enjoin the appellee, the Mobile, Jackson & Kansas City Railroad Co. from constructing and laying its track upon and along Water Street, a public highway in the city of Mobile. The equity of the bill is predicated upon the averments that the complainant company is now and has been for many years operating its railroad as a common carrier of passengers and freights along and upon said Water Street, under a franchise granted by the city of Mobile, and that it, the…
2Cases cited9 opinions
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
- State v. Mayor of MobileSupreme Court of Alabama · 1837
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Southern Bell Telephone & Telegraph Co. v. City of MobileU.S. Circuit Court for the District of Southern Alabama · 1907
- Allen v. ClausenWisconsin Supreme Court · 1902
- Ex Parte AshworthSupreme Court of Alabama · 1920
- Memphis Street Ry. Co. v. Rapid Transit Co.Tennessee Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.