Mobile & Ohio Railroad v. Hester
Supreme Court of Alabama
Appeal from tlie Circuit Court of Tuscaloosa. Tried before the Hon. S. IT. Sprott. The proceedings in this case were instituted by the appellant, the Mobile & Ohio Railroad Company, filing a petition addressed to the probate judge of Tuscaloosa County asking for the condemnation of a right of way through the lands of the appellee, William Hester. On the hearing of the application, there was a decree of condemnatiaon and commissioners appointed to assess the damages.
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Appeal from tlie Circuit Court of Tuscaloosa. Tried before the Hon. S. IT. Sprott. The proceedings in this case were instituted by the appellant, the Mobile & Ohio Railroad Company, filing a petition addressed to the probate judge of Tuscaloosa County asking for the condemnation of a right of way through the lands of the appellee, William Hester. On the hearing of the application, there was a decree of condemnatiaon and commissioners appointed to assess the damages. Upon the report of the commissioners, the probate court rendered a final decree, assessing the damages of the respondent at…
1Opinion of the CourtHaralson, J.
— The measure of damages in cases of this character, as established in this court, sustained by many decisions elsewhere and text-writers is, the value of the land when taken by the railroad company before any injury thereto resulting from the construction of the road, and the injury or diminution in the value thereby caused to the remaining and contiguous lands, with interest on the sum thus ascertained. — Jones v. N. O. & S. R. R. Co., 70 Ala. 227; First Nat. Bank of Gadsden v. Thompson, 116 Ala. 166; Lynn v. G. B. & M. R. Co., 42 Wis. 553; M. & O. R. R. Co. v. Postal Tel. Co., 120 Ala. 21;…
2Cases cited6 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Mobile & Ohio Railroad v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1897
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- Commissioners Court v. StreetSupreme Court of Alabama · 1896
- First National Bank v. ThompsonSupreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Southern Electric Generating Company v. LanceSupreme Court of Alabama · 1959
- Long Distance Telephone & Telegraph Co. v. SchmidtSupreme Court of Alabama · 1908
- McLemore v. Alabama Power CompanySupreme Court of Alabama · 1969
- State v. CarterSupreme Court of Alabama · 1958
- Calhoun County v. LoganSupreme Court of Alabama · 1955
7 more not listed; retrieve them via the Exa API.