Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 19th day of March, 1886, by theBirmingham StreetRailway Company, a private corporation, against the Birmingham and Pratt Mines Street Railway Company, also a private corporation, and the several persons composing it; and sought to enjoin and restrain the defendants from attempting to operate or construct a street railway on “Eighteenth street” and “Avenue B…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 19th day of March, 1886, by theBirmingham StreetRailway Company, a private corporation, against the Birmingham and Pratt Mines Street Railway Company, also a private corporation, and the several persons composing it; and sought to enjoin and restrain the defendants from attempting to operate or construct a street railway on “Eighteenth street” and “Avenue B South” in the city of Birmingham," or otherwise interfering with the complainant’s alleged exclusive right to a railway…
1Opinion of the Court
SOMERYILLE. J.
The equity of the complainant’s bill in this case depends, in our judgment,' upon a single inquiry, and that is, whether the municipal authorities of the city of Birmingham were invested by law with the power to make to the appellee — the Birmingham Street Railway Company — an irrevocable grant of the exclusive privilege to construct and operate a street railway over and through certain streets and avenues of that city. If the power to grant such a franchise resided in this municipality, and if the franchise has been lawfully granted, upon a valuable consideration, by an…
2Cases cited14 opinions
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- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- The Binghamton BridgeSupreme Court of the United States · 1866
- Painter v. PainterOhio Supreme Court · 1849
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3Cited by48 opinions
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