Southern Ry. Co. v. Clark

THOMAS, J., An action of ejectment was enjoined by complainant, the parties agreeing there was the right of injunction, condemnation of the land for railroad purposes, and the ascertainment of the damages.

In the year 1921 the Southern Railway Company took a strip of respondent’s land for the purpose of its facilitated operation of its trains or signal services thereto. The land was adjacent to its tracks and subject to condemnation. The pleading employed was that recognized by this court. Hays v. Ingham-Burnett Lumber Co., 217 Ala. 524, 116 So. 689.

The register ascertained the reasonable…