Birmingham Traction Co. v. Birmingham Railway & Electric Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Tried before Hon. Thomas Cobbs. The Birmingham Railway and Electric Co. filed its bill against Birmingham Traction Co. and the town of Woodlawn, to enjoin the Traction Company from constructing and operating a street railway along a street in the town of Woodlawn, the fee whereof was in complainant.
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Appeal from Jefferson Chancery Court. Tried before Hon. Thomas Cobbs. The Birmingham Railway and Electric Co. filed its bill against Birmingham Traction Co. and the town of Woodlawn, to enjoin the Traction Company from constructing and operating a street railway along a street in the town of Woodlawn, the fee whereof was in complainant. On the answer of defendants, Birmingham Traction Co. made a motion to dissolve the temporary injunction, and to dismiss the bill for want of equity. The chancellor overruled these motions and defendant appeals. The facts are stated in the opinion. The answer…
1Opinion of the CourtHead, J.
For the purpose of determining how the largely discretionary powers of the chancellor in the matter of retaining and dissolving temporary injunctions should be exercised in the present cause, the facts of the case (though the parties are in dispute as to some of them) may be briefly stated as follows: The- appellee, the Electric Company; owned in fee simple,-for a number- of years, beginning before the incorporation of the town of Woodlawn, a strip of land from a point in Birmingham to a point in East Lake, passing through what is now the incorporated town of Woodlawn. This strip is 100 feet…
2Cases cited17 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Chicago, Burlington & Quincy Railroad v. West Chicago Street RailroadIllinois Supreme Court · 1895
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
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3Cited by8 opinions
- B'ham Ry. L. & P. Co. v. SmyerSupreme Court of Alabama · 1913
- La Crosse City Railway Co. v. HigbeeWisconsin Supreme Court · 1900
- Southern Railway Co. v. HoodSupreme Court of Alabama · 1899
- Baker v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1900
- Baker v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1902
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