Mobile & Birmingham R. R. v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel Browne. Proceedings by the Mobile & Birmingham Bailroad Company to condemn a right of way and crossing over the tracks of the L. & N. Bailroad Company. From an order denying the right to condemnation, petitioner appeals.
1Opinion of the Court
SOMERVILLE, J.(1) Under the rules of procedure in eminent domain, as originally formulated in the Code of 1886 (sections 3209-3216), the granting of a petition for condemnation was a question exclusively for the trial judge, and the function of the jury was confined to the assessment of the damages to be paid to the owner. — Montgomery So. Ry. Co. v. Sayre, 72 Ala. 446; London v. Sample Lbr. Co., 91 Ala. 607, 8 South. 281.
When an appeal was afterwards given to the circuit court from the judgment of the probate court, the appeal was limited to a trial de novo of the damages to be assessed; and…
2Cases cited13 opinions
- Southern Railway Co. v. KingSupreme Court of the United States · 1910
- Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
- City of Huntsville v. PulleySupreme Court of Alabama · 1914
- Kansas City, S. & G. Ry. Co. v. Louisiana W. R.Supreme Court of Louisiana · 1905
- Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
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3Cited by12 opinions
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Dean v. County Board of EducationSupreme Court of Alabama · 1923
- City of Birmingham v. BrownSupreme Court of Alabama · 1941
- Harvey v. WarrenSupreme Court of Alabama · 1925
- Williams v. Jefferson CountySupreme Court of Alabama · 1954
7 more not listed; retrieve them via the Exa API.