Hall v. Atlanta, B. & A. R. R. Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Bill by Jno. A. Hall against the Atlanta., Birmingham and Atlantic Ry. C'o. and another to enjoin the obstruction of streets and alleyways, until compensation paid. Prom a decree dissolving a temporary injunction complainant appeals. Estes, Jones & Welch, for appellant.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Bill by Jno. A. Hall against the Atlanta., Birmingham and Atlantic Ry. C'o. and another to enjoin the obstruction of streets and alleyways, until compensation paid. Prom a decree dissolving a temporary injunction complainant appeals. Estes, Jones & Welch, for appellant. The equity of the bill can be sustained on the following grounds: 1st, that the acts of the respondent constitute the taking or injuring of property for public use without making just-compensation therefor. 2nd, that the respondents are constructing a nuisance…
1Opinion of the CourtSiMPSON, J.
The bill'in this case was filed by'the appellants against the appellees, alleging that complainants are the owners of certain lots in Bessemer, Ala., some fronting on Arlington avenue find abutting on an alley between Arlington and Berkley avenue’s, and some abutting on an alley between Arlington' avenue and Carolina avenue; that respondents are constructing, or" are about to construct, across said Arlington avenue ánd said alleys, a fill'or other obstruction, upon which is to be run a line of railroad, said fill to' be about 30 feet high, blocking the whole of said avenue except about 3Ó…
2Cases cited6 opinions
- Jackson v. Birmingham Foundry & Machine Co.Supreme Court of Alabama · 1908
- Southern Railway Co. v. AblesSupreme Court of Alabama · 1907
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1887
- Moore v. BarclaySupreme Court of Alabama · 1853
- Rogers v. BradfordSupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. HoblittMontana Supreme Court · 1930
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Chichester v. KromanSupreme Court of Alabama · 1930
- Markstein v. City of BirminghamSupreme Court of Alabama · 1971
4 more not listed; retrieve them via the Exa API.