Evans v. Cincinnati, Selma & Mobile Railway Co.
Supreme Court of Alabama
Appeals from tlie Circuit Court of líale. Tried before the IIon. John Moore. This action was brought by Benjamin S. Evans against the appellee, a domestic corporation, to recover damages for alleged breaches of a written contract signed by the defendant, which was dated January 21st, 1882, and in these words: “Know all men by these presents, that the Cincinnati, Selma & Mobile Railway Company hereby agrees to the following terms with Benjamin S. Evans, for and in…
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Appeals from tlie Circuit Court of líale. Tried before the IIon. John Moore. This action was brought by Benjamin S. Evans against the appellee, a domestic corporation, to recover damages for alleged breaches of a written contract signed by the defendant, which was dated January 21st, 1882, and in these words: “Know all men by these presents, that the Cincinnati, Selma & Mobile Railway Company hereby agrees to the following terms with Benjamin S. Evans, for and in consideration of the grant of right of way to said railway company across his lands,” describing them, “one hundred feet wide,…
1Opinion of the CourtStone, C. J.
These are cross-appeals in the same suit, which was tried on the amended complaint, filed April 10th, 1884. The pleadings, and the rulings thereon, are the same in each of the transcripts. It is not discourteous, we trust, to say of the former, that they are very voluminous. It is our intention to note only such questions raised by them as we deem necessary to a fair presentation of the questions of merit involved. All else we will treat as immaterial.
The cause of action is a writing, executed by the railway company to Evans, bearing date January 21st, 1882. Although executed by the railway…
2Cases cited5 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Branch Bank at Huntsville v. SteeleSupreme Court of Alabama · 1847
- Tebbetts v. HaskinsSupreme Judicial Court of Maine · 1839
- James v. StigginsSupreme Court of Alabama · 1848
3Cited by17 opinions
- Alabama Mills, Inc. v. SmithSupreme Court of Alabama · 1939
- Christie v. DurdenSupreme Court of Alabama · 1921
- Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
- Rogers v. City of MobileSupreme Court of Alabama · 1964
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
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