Birmingham Belt R. Co. v. City of Birmingham

ANDERSON, O. J.

It may be conceded that the making of the map disclosing Thirty-Second street and the sale of lots thereby was a dedication of said street as a public highway (Webb v. Demopolis, 95 Ala. 116, 13 South. 289, 21 L. R. A. 62), and that the extension of the city limits so as to include this territory was an‘acceptance of the dedication by the appellee; hut, from aught appearing from the hill of complaint, the two extra or outside tracks of the appellant, which appellee seeks to have removed, were laid under the authority of section 3493 of the Code of 1907, with the approval of the…