Perry v. New Orleans, Mobile & Chattanooga Railroad
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. A. W. Hillabd. The original bill in this case was filed on the 17th December, 1870, by Nelson W. Perry and others, owners of city lots in Mobile fronting on Commerce street, on behalf of themselves “ and such other persons as may associate themselves herein, having a common interest in the rights hereinafter named,” against the New Orleans, Mobile & Chattanooga Bailroad Company, a corporation created in Alabama…
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Appeal from tbe Chancery Court of Mobile. Heard before the Hon. A. W. Hillabd. The original bill in this case was filed on the 17th December, 1870, by Nelson W. Perry and others, owners of city lots in Mobile fronting on Commerce street, on behalf of themselves “ and such other persons as may associate themselves herein, having a common interest in the rights hereinafter named,” against the New Orleans, Mobile & Chattanooga Bailroad Company, a corporation created in Alabama by an act of the legislature approved November 24, 1866, and reenacted, with amendments, on the 12th August, 1868; and…
1Opinion of the Court
STONE J. —
The most important question that, can be raised on this record, makes it our duty to inquire into the police power of the State, and the extent to which its exercise may be carried in the control of private property. The introduction of railroads, as highways of travel and transportation, has seemingly disturbed some of the old landmarks, and requires of the courts, in accommodation to the spirit of progress, that we apply principles, long well understood, to new conditions and exigencies. “All property,” says an eminent authority, “ is held subject to those general regulations…
2Cases cited12 opinions
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Watson v. TarpleySupreme Court of the United States · 1856
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3Cited by33 opinions
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
- Arbenz v. Wheeling & H. R. Co.West Virginia Supreme Court · 1889
- Coleman v. FrameSupreme Court of Oklahoma · 1910
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