Gage & Co. v. Mobile & Ohio R. R.
Supreme Court of Alabama
Appeal from Mobile Chancery Court-. Heard before Hon. Thomas W. Coleman. The bill was filed by appellants, Gage & Co., a partnership, to enjoin the Mobile & Ohio Railroad Company from closing up a space of ground, used theretofore as an alley, or jiassage way, between plaintiff’s ice house on the one side and another building on the other side, on the ground that it was a public alley from Commerce street in Mobile to the Mobile river.
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Appeal from Mobile Chancery Court-. Heard before Hon. Thomas W. Coleman. The bill was filed by appellants, Gage & Co., a partnership, to enjoin the Mobile & Ohio Railroad Company from closing up a space of ground, used theretofore as an alley, or jiassage way, between plaintiff’s ice house on the one side and another building on the other side, on the ground that it was a public alley from Commerce street in Mobile to the Mobile river. The public character of the alley was sought to be shown by dedication and by prescription. The railroad company, claiming the said alley way as its own…
1Opinion of the CourtSomebyille, J.
The facts of this case, in our opinion, bring it fully within the principles settled in Steele v. Sullivan, 70 Ala. 589, and we might well affirm the decree of the chancellor on the authority of that case. The testimony set out in the record fails to satisfactorily show either a dedication of the alley in controversy by the owner, or its acceptance by the municipal authorities of the city of Mobile. A dedication of property to public uses will not be established by the courts unless the intention of the' owner to make such dedication unequivocally appears by clear and satisfactory evidence. —…
2Cases cited2 opinions
- Steele v. SullivanSupreme Court of Alabama · 1881
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
3Cited by13 opinions
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Trump v. McDonnellSupreme Court of Alabama · 1898
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Stewart v. WhiteSupreme Court of Alabama · 1900
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