City Council of Montgomery v. Townsend
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. Thomas M. Arrington. The plaintiff Townsend brought this action against the City Council of Montgomery, claiming damages for the injury done his property on the corner of Goldthwaite and Herron streets in said city of Montgomery, by reason of the grading and cutting down of the sidewalks contiguous there - to by the defendant.
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Appeal from City Court of Montgomery. Tried before Hon. Thomas M. Arrington. The plaintiff Townsend brought this action against the City Council of Montgomery, claiming damages for the injury done his property on the corner of Goldthwaite and Herron streets in said city of Montgomery, by reason of the grading and cutting down of the sidewalks contiguous there - to by the defendant. The defendant dug and cut away the sidewalks attingent to plaintiff’s property thereby leaving his premises about twenty feet above the contiguous streets. The sidewalks, before the grading in cpiestion, were from…
1Opinion of the CourtStone, C. J.
When this cause was before us at a former term — 80 Ala. 489 — we considered very fully the import and extent of section 7, Art. 14 of the Constitution of 1875, which reads as follows:
“Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for the property taken, injured or destroyed by the construction or enlargement of its works, highways or improvements,” &c.
We defined the extent and operation of the new provisions said aniendment had brought into our constitution, and we do not question the…
2Cases cited21 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- City Council v. TownsendSupreme Court of Alabama · 1886
- City of Delphi v. EvansIndiana Supreme Court · 1871
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brown v. City of SeattleWashington Supreme Court · 1892
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- Branyon v. KirkSupreme Court of Alabama · 1939
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
11 more not listed; retrieve them via the Exa API.