Alabama Cent. R. v. Alabama Public Service Commission
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Injunction by the Alabama Central Railroad Company against the Alabama Public Servicq Commission and others. Appellant is a common carrier by rail. It owns and operates a railroad from Jasper, Ala., to Manchester, Ala., a distance of six miles.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Injunction by the Alabama Central Railroad Company against the Alabama Public Servicq Commission and others. Appellant is a common carrier by rail. It owns and operates a railroad from Jasper, Ala., to Manchester, Ala., a distance of six miles. The Manchester Sawmill Company, a purely private corporation engaged in the lumber business, owns and operates a logging road, which extends several miles north of Manchester and into a belt of pine timber which is being cut and manufactured into lumber by the. Sawmill Company, and…
1Opinion of the CourtMayfield, J.
(after stating the facts as above). [1, 2] If it be conceded that the contract between appellant and the Sawmill Company, for the use of the logging track of the latter by the former as a common carrier, is void by reason of the stipulation that the carrier should not haul pine logs or pine lumber over the logging road, or for other reasons, this would not authorize the Public Service Commission to require appellant to violate its void agreement, or to trespass upon, or use without authority, the property of the logging company. The only right, title, or interest which appellant has in or to…
2Cases cited7 opinions
- Bedford-Bowling Green Stone Co. v. OmanCourt of Appeals of Kentucky · 1903
- State v. Sioux City & Pacific RailroadNebraska Supreme Court · 1878
- Louisville & N. R. R. Co. v. Pittsburg & K. Coal Co.Court of Appeals of Kentucky · 1901
- Oman v. Bedford-Bowling Green Stone Co.Court of Appeals for the Sixth Circuit · 1905
- Bedford-Bowling Green Stone Co. v. OmanU.S. Circuit Court for the District of Western Kentucky · 1904
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3Cited by5 opinions
- Wallace v. BallSupreme Court of Alabama · 1921
- Burke v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1949
- Carr v. MooreSupreme Court of Alabama · 1919
- State v. Western Union Telegraph Co.Supreme Court of Alabama · 1922
- Burke v. Louisiana Public Service CommissionLouisiana Court of Appeal · 1949