Birmingham Traction Co. v. . Birmingham Railway & Electric Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Tried before Hon. Thomas Cobbs. The amended bill, after averring its corporate existence and authority to own and operate a street railroad, and the ownership and possession of the right of way as set out in the opinion, further averred, that the respondent, a corporation, was building a railroad through the town of Woodlawn, and had constructed its road to within one quarter of a mile of the point where it had notified complainant it…
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Appeal from Jefferson Chancery Court. Tried before Hon. Thomas Cobbs. The amended bill, after averring its corporate existence and authority to own and operate a street railroad, and the ownership and possession of the right of way as set out in the opinion, further averred, that the respondent, a corporation, was building a railroad through the town of Woodlawn, and had constructed its road to within one quarter of a mile of the point where it had notified complainant it proposed, to cross complainant’s right of way, and that respondent had made no offer to compensate the complainant for the…
1Opinion of the CourtColeman, J.
The appellee filed this bill for the purpose of enjoining the appellant from constructing a track for railroad or street car purposes across the line or railroad track of complainant in the town of Wood-lawn. A temporary' injunction issued in accordance with the prayer of the bill. The cause was' set down for *132hearing npon a motion to dismiss the bill for want of equity, upon demurrer to the bill, and motion to dissolve the injunction upon the sworn answer and eos parte affidavits. The motion to dismiss the bill was overruled; the demurrer seems to have been sustained, with leave to amend; and…
2Cases cited5 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Western Railway v. Ala. Grand Trunk RailroadSupreme Court of Alabama · 1892
- Western Maryland Rail Road v. OwingsCourt of Appeals of Maryland · 1860
3Cited by17 opinions
- Unzicker v. StateSupreme Court of Alabama · 1977
- Engelhardt v. JenkinsSupreme Court of Alabama · 1962
- Mobile County v. Barnes-Creary Supply Co.Supreme Court of Alabama · 1932
- Ex Parte MorrisSupreme Court of Alabama · 1949
- Mobile & Birmingham R. R. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1915
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