Dancy v. Alabama Power Co.
Supreme Court of Alabama
Heard before Hon. James E. Horton, Jr. Bill by Unity D. Dancy and others against the Alabama Power Company and others to restrain trespass to land and for damages. From decree sustaining demurrers to the bill complainants appeal.
1Opinion of the Court
McClellan, J.—(1) “Notwithstanding the general principle that a trespas upon lands will not be enjoined in equity where the rights of the parties are legal and adequate relief can be afforded by a court of law, yet it is well settled that the courts of chancery will enjoin a corporation empowered to exercise the right of eminent domain when it is proceeding to take or injure land for its uses without consent of the owner and without legal proceedings to subject it to such use.”—M. & M. Ry. Co. v. Ala. Mid. Ry. Co., 123 Ala. 145, 160, 26 South. 324, 327; So. Ry. Co. v. Hays, 150 Ala. 212, 215,…
2Cases cited8 opinions
- Alabama Power Co. v. Keystone Lime Co.Supreme Court of Alabama · 1914
- Alabama Central Railroad v. MusgroveSupreme Court of Alabama · 1910
- Alabama Interstate Power Co. v. Mt. Vernon-Woodberry Cotton Duck Co.Supreme Court of Alabama · 1913
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Alabama Power Co. v. CardenSupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jefferson County v. BusbySupreme Court of Alabama · 1933
- County of Kane v. Elmhurst National BankAppellate Court of Illinois · 1982
- MacKie v. Mayor of ElktonCourt of Appeals of Maryland · 1972
- Birmingham-Trussville Iron Co. v. Allied Engineers, Inc.Supreme Court of Alabama · 1932
- MacKie v. Mayor of ElktonCourt of Appeals of Maryland · 1972
1 more not listed; retrieve them via the Exa API.