Alabama & Florida Railroad v. Burkett
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before Hon. P. O. Harper. The facts are fully stated in the opinion. — The-act of congress granting the right of way over the public lands of the United States to the railroad, is found in the 10th volume of United States Statutes at Large, page 28. It provides “that when a location for either of said railroads shall be selected, the proper officer of such road shall transmit to the commissioner of the general land office a correct…
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Appeal from Circuit Court of Butler. Tried before Hon. P. O. Harper. The facts are fully stated in the opinion. — The-act of congress granting the right of way over the public lands of the United States to the railroad, is found in the 10th volume of United States Statutes at Large, page 28. It provides “that when a location for either of said railroads shall be selected, the proper officer of such road shall transmit to the commissioner of the general land office a correct plat of the survey of such road, together with the survey of sites for depots, before such selection shall become…
1Opinion of the CourtPeters, J.
This is a proceeding to assess the damages sustained by appellee, (said Burkett,) for land condemned for the use of the said Alabama and Florida Railroad Company, which was instituted under the provisions of the act incorporating said company. — Pamph. Acts, 1849-1850, p. 173-L76; Act No. 125, § 9; Pamp. Acts 1853-1854, p. 258-259; Act No. 401, § 5. There was a trial in the circuit court of Butler county at the fall term, 1869, when a verdict and judgment was rendered in favor of said Burkett for $630 and costs. From this judgment said railroad company appeals to this court. And the errors…
2Cases cited6 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Minis v. United StatesSupreme Court of the United States · 1841
- Johnson v. Joliet & Chicago RailroadIllinois Supreme Court · 1859
- Bloodgood v. Mohawk & Hudson Rail RoadNew York Supreme Court · 1835
- Nashville & Decatur Rail Road v. ComansSupreme Court of Alabama · 1871
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