Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before tlie Hon. A. D. Sayre. The bill in this case ivas filed by tbe Mobile & Montgomery Railway Company and tbe, Louisville & Nashville Railroad Company, against tbe Alabama Midland Railway Company. Tbe bill contained eight paragraphs.
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Appeal from the City Court of Montgomery, in Equity. Heard before tlie Hon. A. D. Sayre. The bill in this case ivas filed by tbe Mobile & Montgomery Railway Company and tbe, Louisville & Nashville Railroad Company, against tbe Alabama Midland Railway Company. Tbe bill contained eight paragraphs. In tbe first and second paragraphs, tbe complainants averred their organization and incorporation as railroad companies, and that they Avere operating railroads in and about tbe city of Montgomery; that tbe Mobile & Montgomery Railway Company was formed under tbe general biAvs of tbe State of Alabama…
1Opinion of the CourtSharpe, J.
Notwithstanding the general principle that a trespass upon lands will not he enjoined in equity where the rights of the parties are legal and adequate relief can he afforded by a court of 1 aw, yet it is well settled that the courts of chancery will enjoin a corporation empowered to exercise the right of eminent domain when it is proceeding to take or injure land for its uses without consent of the owner and without legal proceedings to subject it to such use.—N. O. & S. R. R. Co. v. Jones, 68 Ala. 48, s. c. 70 Ala. 227; C. & W. R’y Co. v. Withcrow, 82 Ala. 197; Birmingham Traction Co. v.…
2Cases cited11 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Rembert v. BrownSupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Engelhardt v. JenkinsSupreme Court of Alabama · 1962
- Hall v. CameronSupreme Court of Alabama · 1915
- Niehaus & Co. v. CookeSupreme Court of Alabama · 1901
- Dancy v. Alabama Power Co.Supreme Court of Alabama · 1916
- Ellis v. DrakeSupreme Court of Alabama · 1919
3 more not listed; retrieve them via the Exa API.