Albes v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by C. Edward Albes against the Southern Railway Company, and the city of Decatur to enjoin the closing of a street, and for damages to abutting property. Decree for respondents and complainant appeals.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by C. Edward Albes against the Southern Railway Company, and the city of Decatur to enjoin the closing of a street, and for damages to abutting property. Decree for respondents and complainant appeals. Section 235, Constitution 1901, should be liberally construed in favor of the citizens. — Gity Council of Montgomery v. Toionsend,' 80 Ala. 489. The court should be liberal in holding that the appellant’s property abutted on the street vacated. —Chicago v. Soburcky, 48 Am. St. Rep. 142; Cargan v>. L. N. A. d N. R. R. Co.,…
1Opinion of the CourtSimpson, J.
This is the third appeal in this case. See Southern Ry. Co. et al. v. Albes, 153 Ala. 523, 45 South. 234, and Albes v. Southern Railway Co. et al., 164 Ala. 356, 51 South. 327.
While the bill has been amended in a few particulars, we cannot see that said amendments add equity to the bill. While the bill does allege that complainant’s property abuts on the streets, a part of which have been vacated, yet it does not allege that they abut on that part which has been vacated, and, even if it did so allege, the description of the boundaries of the lots, and the diagram which is made an exhibit to…
2Cases cited4 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
- Southern Railway Co. v. AblesSupreme Court of Alabama · 1907
- Dennis v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1902
3Cited by3 opinions
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- City of Troy v. WatkinsSupreme Court of Alabama · 1918
- State ex rel. Attorney General v. PrattSupreme Court of Alabama · 1915