East Ala. Railway Co. v. Tenn. & Coosa Rivers Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the TIon. Leroy F. Box. This action was brought by the Tennessee and Coosa Rivers Railroad Company, a corporation chartered by an act of the General Assembly of Alabama, approved January 16th, 1844; and was commenced on the 23d June, 1880. The East Alabama Railway Company, a corporation created under the general laws of the State on the 12th June, 1880, was made a defendant on its own motion, as the landlord of the…
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Appeal from the Circuit Court of Etowah. Tried before the TIon. Leroy F. Box. This action was brought by the Tennessee and Coosa Rivers Railroad Company, a corporation chartered by an act of the General Assembly of Alabama, approved January 16th, 1844; and was commenced on the 23d June, 1880. The East Alabama Railway Company, a corporation created under the general laws of the State on the 12th June, 1880, was made a defendant on its own motion, as the landlord of the original defendants ; and pleaded the general issue, with several special pleas (which require no special notice), and also…
1Opinion of the CourtStone, C. J.
This case has been heretofore in this court, and the more important questions raised by the controversy were then decided. — Tennessee and Coosa Rivers Railroad Co. v. East Ala. Railway Co., 15 Ala. 516. We then decided, that the plaintiff had established its right to recover so much of the railroad, right of way and superstructure, as it had located, cleared and graded, and that the East Alabama Railway Company had shown no valid defense to such claim. We held that, by the purchase from the Tennessee and Coosa Rivers Railroad Company, of its track or road-bed, together with the right of way,…
2Cases cited5 opinions
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Mason v. Brooklyn City & Newtown Rail RoadNew York Supreme Court · 1861
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1879
- Atchison, Topeka & Santa Fé Railroad v. MecklimSupreme Court of Kansas · 1879
3Cited by3 opinions
- Anniston & Cincinnati Railroad v. Jacksonville, Gadsden Attalla RailroadSupreme Court of Alabama · 1886
- Kratchoville v. Cloverleaf Plaza, Inc.Supreme Court of Alabama · 1964
- Hill v. WandSupreme Court of Kansas · 1891