Crofford v. Atlanta B. & A. R. R.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Bill by J. T. Crofford and others against the Atlanta, Birmingham & Atlantic Railroad Company and another. From a decree dismissing the bill, complainants appeal. Easement of light, air, view, ingress and egress, are property. — Jackson v. Bir. F. & M. Oo., 45 South. 660; 1st Nat.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Bill by J. T. Crofford and others against the Atlanta, Birmingham & Atlantic Railroad Company and another. From a decree dismissing the bill, complainants appeal. Easement of light, air, view, ingress and egress, are property. — Jackson v. Bir. F. & M. Oo., 45 South. 660; 1st Nat. Bank v. Tyson, 133 Ala. 475; Elliott on Roads & Streets, 961; 4 L. R. A. 193; 14 L. R. A. 370; lb. 381. The vacating or closing of a street in such manner as to obstruct light, air, vieiv or ingress and egress, constitutes the taking of property…
1Opinion of the CourtDowdell, J.
The only question which differentiates this case from that of Hall et al. v. Atlanta, Birmingham & Atlantic R. R. Co. et al., Infra, 48 South. 365, is the one relating to the easement of air, light, and view. Counsel for appellants in their brief say: “This case is very much like the case of John A. Hall et al. v. Atlanta, Birmingham & Atlantic Railroad Company et al., submitted with this case. In fact, the real facts in the two cases are practically the same; but the facts as shown by the two hills are different, in that the hill in this case is more elaborate, and sets out more fully the…
2Cases cited3 opinions
- Jesse French Piano & Organ Co. v. ForbesSupreme Court of Alabama · 1900
- Hall v. Atlanta, B. & A. R. R. Co.Supreme Court of Alabama · 1908
- Ward v. NealSupreme Court of Alabama · 1861
3Cited by6 opinions
- Regency Outdoor Advertising, Inc. v. City of Los AngelesCalifornia Supreme Court · 2006
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
- Taft v. Washington Mutual Savings BankWashington Supreme Court · 1923
- Reid v. Jefferson CountySupreme Court of Alabama · 1995
- Jones v. AdlerSupreme Court of Alabama · 1913
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