Alabama Central Railroad v. Musgrove
Supreme Court of Alabama
Gondemnalion Pro ceedAngs. Appeal from Walker Circuit Court. Heard before Hon. James J. Bay. Proceedings by Alabama Central Railway Company against E. C. Musgrove to condemn a certain right of way. From an assessment of damages in the probate court, the respondent appealed to the circuit court, and from the judgment rendered in the circuit court the petitioner appeals.
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Gondemnalion Pro ceedAngs. Appeal from Walker Circuit Court. Heard before Hon. James J. Bay. Proceedings by Alabama Central Railway Company against E. C. Musgrove to condemn a certain right of way. From an assessment of damages in the probate court, the respondent appealed to the circuit court, and from the judgment rendered in the circuit court the petitioner appeals. In condemnation proceedings the petitioner has the right to open and close the case, both in the investigation and the argument. — Mont. So. JRy. Co. v. Sayre, 72 Ala. 443; 15 Cyc. 865 and authorities cited. It was error to…
1Opinion of the CourtDowdell, C. J.
This is a proceeding to condemn a. right of way for a railroad. It was instituted in the probate court of Walker county, and from the judgment assessing the landowner’s damages in that court she appealed to the circuit court of that county. Thence the cause came here by appeal taken by the railroad company.
There are numerous assignments of error, and many of them relate to the same questions raised for consideration, and are grouped in brief and argument by counsel. We therefore deem it unnecessary to treat them seriatim; and, since the judgment must be reversed, we will consider only such…
2Cases cited21 opinions
- Alloway v. NashvilleTennessee Supreme Court · 1890
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Perry v. New Orleans, Mobile & Chattanooga RailroadSupreme Court of Alabama · 1876
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Central Georgia Power Co. v. CornwellSupreme Court of Georgia · 1912
- Thornton v. City of BirminghamSupreme Court of Alabama · 1948
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Blount County v. McPhersonSupreme Court of Alabama · 1958
- Pickens County v. JordanSupreme Court of Alabama · 1940
23 more not listed; retrieve them via the Exa API.