Sloss-Sheffield Steel & Iron Co. v. O'Rear

McCLELLAN, j.

The appellees, doing business as a partnership, instituted this proceeding against the appellant to condemn a right of way for a tramroad over the lands of the appellant in order to connect the mines of the appellees with the tracks of the Southern Railway Company. The appellees prevailed in both the probate and circuit courts. The petitioners rest their right to condemn the mentioned right of way upon Code, § 3485, which reads:

“Mining, manufacturing, power and quarrying companies may acquire by condemnation lands for ways and rights of way for railways, tramways, canals,…