Baker v. Selma Street & Suburban Railway Co.
Supreme Court of Alabama
Appeal from tlie City Court of Selma. Heard before the Hon. J. W. Mabry. The bill in this case was filed by the appellants, Joseph M. Baker and another, against the Selma Street & Suburban Bailway Company, and sought to enjoin the construction of defendant's track along Union street in the city of Selma.
Read the full summary
Appeal from tlie City Court of Selma. Heard before the Hon. J. W. Mabry. The bill in this case was filed by the appellants, Joseph M. Baker and another, against the Selma Street & Suburban Bailway Company, and sought to enjoin the construction of defendant's track along Union street in the city of Selma. The facts averred in the amended bill are, in substance, as follows: Union street and Lapsley street run northerly and southerly, Lapsley being next west of and parallel to Union street. Both intersect Selma and Dallas streets, the two last, running in an easterly and westerly direction,…
1Opinion of the CourtHaralson, J.
It is not averred in the bill, or denied. that the defendant company was regularly and legally incorporated.
The demurrer to the bill as amended questions the ■complainants’ right to maintain it, on the ground that *560it does not appear that complainants or either of them will be damaged by the ponstruction and operation on Union street between Selma and Dallas streets, of defendant’s street railway, in any manner in which they have a right to complain.
The bill avers that part of Union street between Dallas and Selma streets is occupied solely for residences and dwellings; that that part of Union…
2Cases cited3 opinions
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Birmingham Traction Co. v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1898
- Baker v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1900
3Cited by4 opinions
- Walls v. Smith & Co.Supreme Court of Alabama · 1910
- Birmingham Ry. L. & P. Co v. MoranSupreme Court of Alabama · 1907
- Reynolds v. Presidio & Ferries RailroadCalifornia Court of Appeal · 1905
- Morris v. Montgomery Traction Co.Supreme Court of Alabama · 1904