Alabama Public Service Commission v. Louisville &. N. R.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by the Louisville & Nashville Railroad Company against the Alabama Public Service Commission, and the individual members thereof to enjoin the enforcement of an order requiring complainant to furnish telegraphic communications between certain towns in Alabama, and to annul and vacate the order. Prom a decree granting the relief, respondents appeal.
Read the full summary
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by the Louisville & Nashville Railroad Company against the Alabama Public Service Commission, and the individual members thereof to enjoin the enforcement of an order requiring complainant to furnish telegraphic communications between certain towns in Alabama, and to annul and vacate the order. Prom a decree granting the relief, respondents appeal. A public service corporation cannot, without legislative authority, make a sale of any of its property that will impair its power to perform its. duties to the public. 199…
1Opinion of the CourtSayre, J.
The bill in this cause was filed by appellee against appellant, and sought to enjoin the enforcement of an order made by appellant whereby appellee was required, among other things, to establish and maintain a public telegraphic service to some 20 towns and villages in this state situated on branch lines of railroad owned and operated by appellee. The trial court overruled a demurrer to the bill of ccanplaint, and denied appellant's motion to dissolve a temporary injunction which had been granted upon the filing of the bill. These rulings are assigned for error.
Prior to April 30, 1920, the…
2Cases cited9 opinions
- Railroad Commission v. Ala. North. Ry. Co.Supreme Court of Alabama · 1913
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
- Louisville & Nashville R. R. v. Western Union Telegraph Co.Supreme Court of Alabama · 1915
- Ex parte City of BirminghamSupreme Court of Alabama · 1917
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- Dean v. County Board of EducationSupreme Court of Alabama · 1923
- Lake martin/ala. Power Lic. Association, Inc. v. Alabama Power Company, Inc.Supreme Court of Alabama · 1992
- State Ex Rel. McIntyre v. McEachernSupreme Court of Alabama · 1936
- Alabama Great Southern R. v. Alabama Public Service CommissionSupreme Court of Alabama · 1923
3 more not listed; retrieve them via the Exa API.