Montg. So. Railway Co. v. Sayre
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the lion. Jas. E. Cobb. These two cases, involving substantially the same questions, were argued and submitted together.
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Appeal from the Circuit Court of Montgomery. Tried before the lion. Jas. E. Cobb. These two cases, involving substantially the same questions, were argued and submitted together. Each was a statutory-proceeding, instituted by the Montgomery Southern Railway Company, a domestic corporation organized under the general law (Code, §§ 1821-41), seeking to condemn lands for the right of way of its road ; the lands in one case belonging to W. D. Sayre, and in the other to A. S. jSayre and M. II. Sayre. In each case, the proceeding was originated by a petition filed by the railroad company, addressed…
1Opinion of the CourtBbickell, C. J.
The 7th section of the 14th article of the constitution provides, that “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, which compensation shall be paid before such taking, injury or destruction. The General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages, against any such corporations or individuals, made by…
2Cases cited6 opinions
- Durousseau v. United StatesSupreme Court of the United States · 1810
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Ex parte TarltonSupreme Court of Alabama · 1841
- Pearsall v. McCartneySupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Almon v. Morgan CountySupreme Court of Alabama · 1944
- Reeves v. StateSupreme Court of Alabama · 1892
- Alabama Central Railroad v. MusgroveSupreme Court of Alabama · 1910
- Tillery v. Commercial Nat. Bank of AnnistonSupreme Court of Alabama · 1941
- Board of Education of Choctaw County v. KennedySupreme Court of Alabama · 1951
16 more not listed; retrieve them via the Exa API.