Mobile & Birmingham R. R. v. Louisville & Nashville Railroad
Supreme Court of Alabama
Eminent Domain. Appeal from. Mobile Circuit Court. Heard before Hon. Samuel B. Br'owne. Application by the Mobile & Birmingham Railway Company to condemn a way across property’ of the L. & N. R. R. Co. There was judgment of condemnation, which on motion of respondent was set aside,’ and a new trial granted, from which petitioner appeals.
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Eminent Domain. Appeal from. Mobile Circuit Court. Heard before Hon. Samuel B. Br'owne. Application by the Mobile & Birmingham Railway Company to condemn a way across property’ of the L. & N. R. R. Co. There was judgment of condemnation, which on motion of respondent was set aside,’ and a new trial granted, from which petitioner appeals. Counsel discuss the merits of the controversy, with citation of authority, but in view of the opinion it is not deemed necessary to here set it out. They insist that the court was in error in its action granting a new trial. Counsel discuss the merits of the…
1Opinion of the CourtMcCLELLAN, J.
The appeal is from an order granting a new trial. Among the grounds therefor was this: “Because, while viewing the premises, the judge allowed the witness Miller, in conversation with said judge, to review and argue the evidence on many of the material questions in controversy, and to point out and explain matters, some of which said witness was not competent to testify to, and others of which related to matters to which objection had been sustained during the trial, which said statements by said witness to the judge were made in such manner and under such circumstances that no report thereof…
2Cited by9 opinions
- Hall v. First BankSupreme Court of Alabama · 1916
- Atlantic Coast Line Ry. Co. v. JonesAlabama Court of Appeals · 1913
- Allison v. CoxSupreme Court of Alabama · 1930
- Foreman v. DavisSupreme Court of Alabama · 1939
- Prude v. Thompson ThompsonSupreme Court of Alabama · 1918
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