City of Mobile v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before 1-Ion. W. II. Tayloe. The facts of this case are stated in the opinion. (1). A municipal cor pora ti on cannot give a valid permission to any one to occupy the streets or sidewalks with continuing erections, or other obstructions, without express poAver conferred, by statute in clear and unequivocal terms. — (/... v. Fisher, 2 Crunch 390; Commonwecilth v. Rush, 1 4' Pa. 193; (lushing v. Boston, 128 Mass. 330; Daly v. Qa. Bó.
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Appeal from Mobile Chancery Court. Heard before 1-Ion. W. II. Tayloe. The facts of this case are stated in the opinion. (1). A municipal cor pora ti on cannot give a valid permission to any one to occupy the streets or sidewalks with continuing erections, or other obstructions, without express poAver conferred, by statute in clear and unequivocal terms. — (/... v. Fisher, 2 Crunch 390; Commonwecilth v. Rush, 1 4' Pa. 193; (lushing v. Boston, 128 Mass. 330; Daly v. Qa. Bó. R. R. On., 12 Am. State Bpts. 288; Seifert v. Broolcly, 101 N. Y. 136; Morse v. Noreester, 139 Mass. 389; Railroad Co. v.…
1Opinion of the CourtDowdell, J.
— The bill in this case is filed by the city of Mobile, a municipal corporation under the laws of Alabama, against the Louisville & Nashville Railroad Company, a corporation chartered under the laws of Kentucky and doing a railroad business in the State of Alabama and in the city of Mobile, as successor to the rights of the New Orleans, Mobile & Chattanooga Railroad Company, a corporation chartered by the State of . Alabama. It is averred in the bill that the complainant is the successor to the rights of the town and city of Mobile, in regard to public streets, as derived from its foundation…
2Cases cited11 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Ex parte CowertSupreme Court of Alabama · 1890
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
- Costello v. StateSupreme Court of Alabama · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Bagby Elevator and Electric Company, Inc. v. McBrideSupreme Court of Alabama · 1974
- State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
- Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
- State ex rel. Buchanan County v. ImelSupreme Court of Missouri · 1912
9 more not listed; retrieve them via the Exa API.