Memphis & Charleston R. R. v. Hopkins

The constitution of this State, Art. XIV, Sec. 21, provides, that “Every railroad company shall have the right with its road, to intersect, connect with, or cross any other railroad &c.” To carry that provision into effect, section 1582 (1842) of the Code was adopted substantially, as far back as the year, 1876. Acts 1875-6, p. 249, § 15. This section was declared unconstitutional by this court, on the ground, that it did not provide for an appeal from the assessment of damages by the arbitrators. — M. & C. R. R. Co. v. B. S. & T. R. R. Co. 96 Ala. 571. This left the section of the…