Bragan v. Birmingham Railway Light & Power Co.
Supreme Court of Alabama
Appeal from Birmingham Circuit Court. Heard before Hon. Thomas W. Wert. Action by A. P. Bragan, as administratrix, against the Birmingham Ry. Light & Power Company, for damage to property, by the change of the grade in a street, and the building of a railroad thereon.
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Appeal from Birmingham Circuit Court. Heard before Hon. Thomas W. Wert. Action by A. P. Bragan, as administratrix, against the Birmingham Ry. Light & Power Company, for damage to property, by the change of the grade in a street, and the building of a railroad thereon. Judgment for defendant and from an order overruling a motion for a new trial, plaintiff appeals. — “The measure of damages for an injury caused to abutting property is the difference on the market value of the property before and after the act complained of; and the amount of the damage So ascertained cannot be diminished by the…
1Opinion of the CourtSayre, J.
— The main question involved is whether, in assessing damages which have accrued to the owner -of property attingent upon a public street by grading the street and constructing ■ a street railway thereon, special benefits which have accrued to the property thereby must be considered. The street was graded and a railway constructed under a license from the city of Birmingham, and the defendant in constructing the embankment conformed to the grade which had been fixed by the municipal authorities. The plaintiff’s claim was for consequential damages, and not for the taking of any part of his…
2Cases cited7 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- White v. BlairSupreme Court of Alabama · 1891
- Hames v. BrownleeSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Meighan v. Birmingham Terminal Co.Supreme Court of Alabama · 1910
- Ballard v. StateSupreme Court of Alabama · 1938
- McRea v. Marion CountySupreme Court of Alabama · 1931
- Alabama Central Railroad v. MusgroveSupreme Court of Alabama · 1910
- Alabama Power Co. v. HensonSupreme Court of Alabama · 1939
4 more not listed; retrieve them via the Exa API.