Alabama Power Co. v. Carden
Supreme Court of Alabama
Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Condemnation proceedings by the Alabama Power Company to condemn property of P. L. Carden. From a judgment awarding compensation, the petitioner appeals. Reversed and remanded.
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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Condemnation proceedings by the Alabama Power Company to condemn property of P. L. Carden. From a judgment awarding compensation, the petitioner appeals. Reversed and remanded. The facts sufficiently appear in the opinion of the court: The following are the written charges refused to appellant: (4) Defandant is not entitled to recover on account of any fears that the people may entertain as to possible or imaginary dangers growing out of the building and use of said' dam by virtue of the condemnation of the property here sought…
1Opinion of the CourtMcCLELLAN, J.
This proceeding was instituted by the appellant in the probate court of Shelby county to condemn, in virtue of article 1 of chapter 79 of the Code of 1907, certain lands which would probably be 'flooded in consequence of the impounding of water of the Coosa river at a point known as lock 12. The right to condemn being unquestionable, the order to that end was passed by that court, and the report of the commissioners awarded appellee $150. An appeal was taken to the county court of Shelby county, where the jury awarded appellee $550. The power company appeals. The " only questions to be…
2Cases cited1 opinion
- Long Distance Telephone & Telegraph Co. v. SchmidtSupreme Court of Alabama · 1908
3Cited by9 opinions
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- United States v. 2,648.31 Acres Of Land, More Or Less, In The Counties Of Charlotte And Halifax, VirginiaCourt of Appeals for the Fourth Circuit · 1955
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