Birmingham Ry. Light & Power Co. v. Oden
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon..A. A. Coleman. . Action by Jule L. Oden and others against the Birmingham Hail way, Light & Power Company.
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Appeal from Jefferson Circuit Court. Heard before Hon..A. A. Coleman. . Action by Jule L. Oden and others against the Birmingham Hail way, Light & Power Company. The complaint contained two counts as follows: “Plaintiffs claim of the defendants the sum of $1,500 as damages, for that, whereas, heretofore, to-wit, during the months of May, June, July, August, and Beptomber, 1803, the said defendants were constructing and operating a system of street railroads in the city ‘of Birmingham, Ala., along and across the public streets of said city of Birmingham, under a privilege or franchise granted…
1Opinion of the CourtDenson, J.
The plaintiff sued the defendant, Birmingham Railway, Light & Power Company, a corporation, to recover damages alleged to have resulted to them as owners of a lot which abutted am Tenth avenue, in the city of Birmingham, from the construction by defendant of a street railroad embankment along said avenue. The complaint is composed of two counts, and was filed on the 9th day of November,'3903, in the circuit court of Jefferson county. A demurrer to each count of the complaint ivas overruled by the court.
The first and second grounds in the assignment of errors challenge the correctness of the…
2Cases cited14 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- Town of Avondale v. McFarlandSupreme Court of Alabama · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Louisville, New Orleans & Texas Railroad v. JacksonSupreme Court of Arkansas · 1916
- Jefferson Lumber Co. v. BerrySupreme Court of Alabama · 1945
- Bragan v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1909
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