L. & N. R. R. v. Cowley
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by John H. Cowley and others, against the Louisville & Nashville Railroad Company, to enjoin the erection and maintenance of a passenger station and iron fence in and along a public street. Decree for complainant and respondents appeal. The bill does not show that the complainants were deprived of reasonable access to their property. — Jackson v. Bir.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by John H. Cowley and others, against the Louisville & Nashville Railroad Company, to enjoin the erection and maintenance of a passenger station and iron fence in and along a public street. Decree for complainant and respondents appeal. The bill does not show that the complainants were deprived of reasonable access to their property. — Jackson v. Bir. F. & M. Co., 154 Ala. 472. No allegations are made in the bill sufficient to show that complainants are deprived of light and air by the obstructions complained of.…
1Opinion of the CourtMayfield, J.
The. bill is filed by a number of abutting property owners against a railroad company to enjoin the erection and maintenance of a passenger train umbrella, shed, and iron fence inclosing it, in and along a public street in the city of Mobile, in front of their property which abuts on the street, where the structures complained of are being erected by the defendant railroad company. The bill alleges, among other things, that the street in question is a public one, made such by dedication, and that the same has been in contant use as such for more than 40 years; that it is a much-used street by…
2Cases cited2 opinions
- Taylor v. Bay City Street Railway Co.Michigan Supreme Court · 1890
- Whipple v. GuileSupreme Court of Rhode Island · 1901
3Cited by11 opinions
- Woodlawn Realty & Development Co. v. HawkinsSupreme Court of Alabama · 1914
- Morgan-Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1932
- Winston v. WinstonSupreme Court of Alabama · 1964
- Sibley v. HutchisonSupreme Court of Alabama · 1928
- Faust v. FaustSupreme Court of Alabama · 1947
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