New & Old Decatur Belt & Terminal Railroad v. Karcher
Supreme Court of Alabama
Appeal from the City Court of Decatur. Heard before the Hon. W. H. Simpson. The facts of the case are sufficiently stated in the opinion. 1. If any appurtenant right of Karcher was injured in the condemnation, it presents a case where damages must be assessed under the statute.
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Appeal from the City Court of Decatur. Heard before the Hon. W. H. Simpson. The facts of the case are sufficiently stated in the opinion. 1. If any appurtenant right of Karcher was injured in the condemnation, it presents a case where damages must be assessed under the statute. Although Karcher’s fee did not extend beyond the middle of the street, yet if the construction of the railroad along the other half invaded any peculiar right of his in and to that part of the street, as distinguished from the rights of the general public, there was an injury or destruction within the meaning of the…
1Opinion of the CourtHead, J.
Appellees are the owners of real property attingent upon the west side of Market Street — a public highway in the city of Decatur. Appellant, a duly chartered railroad corporation, -invested with competent legislative authority to construct and operate its road, in and along said street, east of the center thereof, filed, in the probate court of the proper county, against the appellees as parties defendant, its application for the condemnation of appellees’ interests, as attingent owners, as aforesaid, in and to the said portion of said street, to the uses of its railroad’way, along and upon…
2Cited by14 opinions
- City of Birmingham v. BrownSupreme Court of Alabama · 1941
- Southern Railway Co. v. AblesSupreme Court of Alabama · 1907
- Sloss-Sheffield Steel & Iron Co. v. O'RearSupreme Court of Alabama · 1917
- Denson v. Alabama Polytechnic InstituteSupreme Court of Alabama · 1930
- Ensign Yellow Pine Co. v. HohenbergSupreme Court of Alabama · 1917
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