City of Mobile v. Mobile O. R. Co.

BOULDIN, Justice.

This appeal raises the question of the legal authority or power of the city of Mobile to make a local assessment, for street improvements, under Code, § 2174, upon abutting property owned by a railroad company, and devoted to public use as the railway roundhouse at the terminus of the division.

In City of Decatur v. Southern Railway Co., 183 Ala. 531, 62 So. 855, 48 L. R. A. (N. S. ) 231, this court considered the validity of such an assessment against a section of the right of way of a railroad company occupied by its tracks and so devoted to the discharge of its functions as…