Southern Ry. Co. v. Clarke
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Norborne It. Clarke and others, executors, against the Southern Railway Company. From judgment for plaintiffs, defendant appeals. Transferred from Court of Appeals under section 6, p. 450, Acts 1911.
1Opinion of the CourtSomerville, J.
The reported cases dealing with.the right of a railroad company to excavate, remove, and use the soil and other materials on its right of way, are not entirely harmonious.
The nature and limitations of the rights acquired by a railroad company by virtue of its condemnation of a right of way for the construction and maintenance of its road are discussed, and some authorities cited, in N., C. & St. L. Ry. Co. v. Karthaus, 150 Ala. 633, 43 South. 791; but the points of decision there were that the company had no right to excavate sand from its right of way for the purpose of selling it, and that…
2Cases cited10 opinions
- Chicago, Rock Island & Pacific Railway Co. v. WhiteakerSupreme Court of the United States · 1915
- Hendler v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1904
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1913
- Hendrix v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Nashville, Chattanooga & St. Louis Railway v. KarthausSupreme Court of Alabama · 1907
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3Cited by11 opinions
- Ex Parte AshtonSupreme Court of Alabama · 1936
- Sovereign Camp, W. O. W. v. GaySupreme Court of Alabama · 1927
- Ellard v. GoodallSupreme Court of Alabama · 1919
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Whitt v. ForbesSupreme Court of Alabama · 1953
6 more not listed; retrieve them via the Exa API.