Patterson v. Atlantic Coast Line R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Houston County; H. A. Rearce, Judge. Bill by the Atlantic Coast Line Railroad Company against M. J. Patterson and A. H. May, as Sheriff, and others, to enjoin respondents, Patterson and May, from taking up or otherwise interfering with certain track of the complainant, to ascertain the proper compensation, and to perpetually enjoin interference with the track upon payment of the compensation.
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Appeal from Circuit Court, Houston County; H. A. Rearce, Judge. Bill by the Atlantic Coast Line Railroad Company against M. J. Patterson and A. H. May, as Sheriff, and others, to enjoin respondents, Patterson and May, from taking up or otherwise interfering with certain track of the complainant, to ascertain the proper compensation, and to perpetually enjoin interference with the track upon payment of the compensation. From a decree overruling motions to dissolve the temporary injunction, but modifying the injunction by retaining it and ordering the complainant to institute condemnation…
1Opinion of the Court
ANDERSON, O. J.
[1-3] It is a^ well-recognized principle that in order to subject the property of another for public use under the doctrine of eminent domain, the proceedings must be as prescribed by our Constitution and statutes, yet we also have a well-established rule that, while a railroad company has no right to enter upon and take the lands of another without his consent or without condemnation proceedings and just compensation for same, if it does enter and construct its track upon the land of another, and the owner has knowledge that the company is proceeding to locate and construct…
2Cases cited2 opinions
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Southern Railway Co. v. HoodSupreme Court of Alabama · 1899
3Cited by9 opinions
- Ex Parte Louisville N. R. Co.Supreme Court of Alabama · 1924
- Alabama Great Southern R. Co. v. BrownSupreme Court of Alabama · 1927
- Southern Bell Telephone and Telegraph Company and American Telephone and Telegraph Company v. Southern Precision Pattern Works, Ins.Court of Appeals for the Fifth Circuit · 1958
- Montgomery v. Alabama Power Co.Supreme Court of Alabama · 1948
- City of Bessemer v. GoodwynSupreme Court of Alabama · 1940
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