Albes v. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Charles Edward Albes against the Southern Railway Company and others to enjoin the vacation of a street, and the imposing of additional easements. From a decree for respondents complainants appeal.
Read the full summary
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Charles Edward Albes against the Southern Railway Company and others to enjoin the vacation of a street, and the imposing of additional easements. From a decree for respondents complainants appeal. As the hill now stands it avers injuries sustained in such character as to affect complainant’s hotel business as well as the dimunition in value of the realty.- — Wadsworth v. Goree, 96 Ala. 227 ; Wilsonl v. Myer, 114 Ala. 404. The complainant was an abutting owner. — Chicago v. Burclcy, 49 Am. St. Rep. 142; Bir. R. L. &…
1Opinion of the Court
SIMPSON, J.-
The bill in this case was filed by the •appellant against the mayor and council of the city of Decatur and the Southern Railway Company, and prays “that respondents be enjoined from vacating Vine •street where it crosses the right of way of the Southern *359Bailway and from vacating La Fayette street where it crosses said defendant’s right of way as to persons in vehicles and on horseback, until compensation is first made to orator for damage that will accrue to his lot and business,” and that said mayor and council be restrained and enjoined from donating to said railway company that…
2Cases cited19 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Wabash Railroad v. DefianceSupreme Court of the United States · 1897
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Thetford v. Town of CloverdaleSupreme Court of Alabama · 1927
- Chichester v. KromanSupreme Court of Alabama · 1930
- Pilcher v. City of DothanSupreme Court of Alabama · 1922
21 more not listed; retrieve them via the Exa API.