Birmingham Railway & Electric Co. v. Birmingham Traction Co.
Supreme Court of Alabama
Appear from the Probate 'Court of Jefferson. Heard before the Hon, E. H. Oabaniss, Special Judge, The proceedings in this, ruse were instituted by the Birmingham Traction Company filing a petition in the probate court of Jefferson county, seeking to have condemned a right of way and a crossing along and over the right of way and track of the Birmingham Hallway & Electric Company, the point at which the crossing was to he made being in the town of Woodlawn near .Birmingham.
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Appear from the Probate 'Court of Jefferson. Heard before the Hon, E. H. Oabaniss, Special Judge, The proceedings in this, ruse were instituted by the Birmingham Traction Company filing a petition in the probate court of Jefferson county, seeking to have condemned a right of way and a crossing along and over the right of way and track of the Birmingham Hallway & Electric Company, the point at which the crossing was to he made being in the town of Woodlawn near .Birmingham. It was averred in the. petition that the Birmingham Traction Company was a corporation duly created, and organized under…
1Opinion of the CourtDowdell, J.
In proceedings for the condemnation of land for public uses, there is a manifest distinction between the law as it existed under the Code of 1886, Art. 2, page 698, embracing 'sections 3207 to 3220, and the present statute, Code 1896, Art. 1, embracing sections 1712 to 1726. Under the former, only one hearing was provided from which an appeal could be prosecuted, and upon this hearing all questions of law and fact, including the assessment of damages to the landowner by a constitutional jury of twelve men, provided for under section 3210, were finally determined. Under *116the procedure, as 'it…
2Cases cited5 opinions
- Postal Telegraph Cable Co. v. Ala. Great Southern RailroadSupreme Court of Alabama · 1890
- Ala. Midland Railway Co. v. NewtonSupreme Court of Alabama · 1891
- Woodward Iron Co. v. CabanissSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. Peoples Street Railway & Improvement Co.Supreme Court of Alabama · 1893
- Memphis & Charleston R. R. v. HopkinsSupreme Court of Alabama · 1895
3Cited by6 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Mobile & Birmingham R. R. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1915
- Southern Railway Co. v. Birmingham, Selma & New Orleans Railway Co.Supreme Court of Alabama · 1901
- Denson v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1945
- Central of Georgia Railway Co. v. Alabama & Florida RailroadSupreme Court of Alabama · 1900
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