Highland Avenue & Belt Railroad v. Matthews
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellees against the appellant, and sought to recover damages for injuries caused to plaintiffs’ lot, by the construction by defendant of an embankment, for the track of a railroad, along the avenue on which the lot in question abutted.
Read the full summary
Appeal from tlie City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellees against the appellant, and sought to recover damages for injuries caused to plaintiffs’ lot, by the construction by defendant of an embankment, for the track of a railroad, along the avenue on which the lot in question abutted. To the complaint as amended the defendant demurred upon the ground, among others, that the plaintiffs can not recover damages for permanent injury to the land, in this form of action. This demurrer was overruled. The tendency of the evidence is…
1Opinion of the CourtWalker, J.
This was an action to recover damages* caused to the plaintiffs’ lot near the city of Birmingham by the construction of an embankment for the track of the defendant’s railroad in the street or highway upon which the lot abutted. It was alleged in the complaint, and there was evidence tending to show, that the defendant is a corporation clothed with the right to call into exercise the power of eminent domain, and authorized by its charter to build its railroad along the street or highway in question, and that, without the consent of the plaintiffs, and without making them compensation, it…
2Cases cited20 opinions
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
15 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Virginia Hot Springs Co. v. McCraySupreme Court of Virginia · 1907
- Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Meighan v. Birmingham Terminal Co.Supreme Court of Alabama · 1910
- Southern Railway Co. v. McMenaminSupreme Court of Virginia · 1912
26 more not listed; retrieve them via the Exa API.