State ex rel. City of Gadsden v. Alabama City, Gadsden & Attalla Ry. Co.
Supreme Court of Alabama
Mandamus. Appeal from Gadsden Gity Court. Heard before Hon. John H. Disque. Mandamus by tbe State, on tbe relation of tbe Gity of Gadsden, against tbe Alabama City, Gadsden & Attalla Railway Company. From a judgment sustaining demurrers to tbe petition, defendant appeals.
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Mandamus. Appeal from Gadsden Gity Court. Heard before Hon. John H. Disque. Mandamus by tbe State, on tbe relation of tbe Gity of Gadsden, against tbe Alabama City, Gadsden & Attalla Railway Company. From a judgment sustaining demurrers to tbe petition, defendant appeals. When tbe street railway takes tbe grant of authority to use tbe streets and avenues of tbe city, it assumes tbe burden of using said street as tbe city may direct. — S'ections 1268, 1269, 1874 and 1359, Code 1907. There is no question about tbe power of the legislature to pass these statutes. — 8. G. St. Ry. Go. v. Sioucc…
1Opinion of the CourtSimps'On, J.
This is a petition by the appellant, the relator being a municipal corporation, alleging that the appellee owns and operates a street railway within the corporate limits of said city; that the city council of said city has passed ordinances for the grading, paving, and otherwise improving certain streets in said city over which the lines of said railway .company run; that said city council had adopted ordinances “requiring the defendant to remove the rails now laid on said portions of said streets, and to replace the same with seven-inch Trails, said rails to be seven inches in height, and…
2Cases cited12 opinions
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875
- Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
- Western Saving Fund Society v. City of PhiladelphiaSupreme Court of Pennsylvania · 1858
- State v. Inhabitants of TrentonSupreme Court of New Jersey · 1890
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3Cited by4 opinions
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Alabama Traction Co. v. Selma Trust & Savings BankSupreme Court of Alabama · 1925
- City of Florala v. Louisville N. R. Co.Supreme Court of Alabama · 1925
- Frazier-Davis Const. Co., Inc. v. City of BirminghamCourt of Appeals for the Fifth Circuit · 1953