Ala. Sipsey River Navigation Co. v. Geo. Pacific Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before tbe Hon. Sam. H. Sprott. This action was brought by the Alabama Sipsey River Navigation Company, a corporation chartered by a special act of the General Assembly, approved March 2,1876, against the Georgia Pacific Railway Company, to recover damages on account of an alleged obstruction of said river by the defendant; and was commenced on the 13th February, 1888. The obstruction of the river was caused by a railroad…
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Appeal from the Circuit Court of Fayette. Tried before tbe Hon. Sam. H. Sprott. This action was brought by the Alabama Sipsey River Navigation Company, a corporation chartered by a special act of the General Assembly, approved March 2,1876, against the Georgia Pacific Railway Company, to recover damages on account of an alleged obstruction of said river by the defendant; and was commenced on the 13th February, 1888. The obstruction of the river was caused by a railroad bridge, which the defendant had built across the river in 1883, in Fayette county, about twenty miles from the boundary line…
1Opinion of the CourtStone, C. J.
The appellant in this action, plaintiff below, was incorporated by special act of the legislature, approved March 2, 1876. — Sess. Acts, 318. Its object was to have the navigation of Sipsey river improved. To accomplish this purpose, it created certain persons corporators, and prescribed rules for organizing the corporation. The powers of the corporation necessary to be considered in this action are sections 11 and 12.
Sec. 11. “That said company shall have fifteen years in which to complete their work upon said river, in opening up the same to navigation, and shall have the exclusive right…
2Cases cited8 opinions
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Olive v. StateSupreme Court of Alabama · 1888
- Crommelin v. CoxeSupreme Court of Alabama · 1857
- Walker v. AllenSupreme Court of Alabama · 1882
- Lewis v. Coffee CountySupreme Court of Alabama · 1884
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3Cited by4 opinions
- Louisville & Nashville Railroad v. HigginbothamSupreme Court of Alabama · 1907
- Waldman v. North British & Mercantile InsuranceSupreme Court of Alabama · 1890
- Seymour & Co. v. FarquharSupreme Court of Alabama · 1890
- Robinson v. StateAlabama Court of Appeals · 1913