Port of Mobile v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas W. Coleman. 1. The bill seeks to enjoin the commission of a series of personal trespasses, which are threatened. — M. & W. P. P. B. Co. v. Walton, 14 Ala. 207; •Burnett v. Craig, 30 Ala. 185. 2. The proceeding which the bill seeks to enjoin is of a quasi criminal nature, with which a court of equity can not interfere. — Burnett v. Craig, supra; Moses v. Mayor of Mobile, 52 Ala. 198; M. The damages which complainant…
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas W. Coleman. 1. The bill seeks to enjoin the commission of a series of personal trespasses, which are threatened. — M. & W. P. P. B. Co. v. Walton, 14 Ala. 207; •Burnett v. Craig, 30 Ala. 185. 2. The proceeding which the bill seeks to enjoin is of a quasi criminal nature, with which a court of equity can not interfere. — Burnett v. Craig, supra; Moses v. Mayor of Mobile, 52 Ala. 198; M. The damages which complainant B. B. Co. will sustain by the enforcement of the ordinance are irreparable. The attempted enforcement would lead to a…
1Opinion of the CourtSomebyille, J.
The present bill is filed by the Louisville & Nashville Bailroad Company against the Port of Mobile to enjoin the enforcement of an ordinance of that municipality, which declared it unlawful for any person or corporation to load or unload cars in the public streets of the city, under a penalty of not less than twenty-five dollars for each and every violation of the provision. The ordinance excepts cotton, coal and ice in certain localities, but this exception has no material bearing' on the present controversy.
The bill claims for the complainant a vested franchise to exercise the right of…
2Cases cited18 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- White v. FlannigainCourt of Appeals of Maryland · 1852
- Waring v. MayorSupreme Court of the United States · 1869
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3Cited by65 opinions
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- Lewinsohn v. United StatesCourt of Appeals for the Seventh Circuit · 1921
- Board of Commissioners v. Orr.Supreme Court of Alabama · 1913
- Hardie-Tynes Mfg. Co. v. CruiseSupreme Court of Alabama · 1914
- Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
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