Southern Railway Co. v. Birmingham, Selma & New Orleans Railway Co.
Supreme Court of Alabama
Aitioal from the Chancery Court of Dallas. Heard, before the Hon. Thos. H. Smith. The bill in this case was filed by the Southern Railway Company against the Birmingham, Selma & New Orleans Railway Company, and averred substantially the following facts: The Southern Railway Company owned under lease and operated a line of railway from Selma to Meridian, Mississippi; and at a certain point along said line of railway, in the county of Dallas, ¡the complainant had constructed…
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Aitioal from the Chancery Court of Dallas. Heard, before the Hon. Thos. H. Smith. The bill in this case was filed by the Southern Railway Company against the Birmingham, Selma & New Orleans Railway Company, and averred substantially the following facts: The Southern Railway Company owned under lease and operated a line of railway from Selma to Meridian, Mississippi; and at a certain point along said line of railway, in the county of Dallas, ¡the complainant had constructed and was maintaining a side’ track upon which there was placed fifteen or more cars belonging to the Southern Railway…
1Opinion of the CourtMcCLELLAN, C. J.
The appeal by the Southern Railway Company from the order of the probate court made under section 1717 of the Code granting the application of the Birmingham, Selma &' New Orleans Railway Company to condemn a right of way for the tracks of the latter company across the tracks and right of way of the former company, having been taken under said section within thirty days and before an order of *668condemnation on the assessment of damages by the ■commissioners was entered under section 1720 of the Code,' was properly taken to this court; and the effect of it was to remove such preliminary order…
2Cases cited4 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- City Council of Montgomery v. LemleSupreme Court of Alabama · 1898
- Birmingham Railway & Electric Co. v. Birmingham Traction Co.Supreme Court of Alabama · 1900
- Birmingham Railway & Electric Co. v. Birmingham Traction Co.Supreme Court of Alabama · 1898
3Cited by7 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Egbert v. St. Louis S. F. R. Co.Supreme Court of Oklahoma · 1915
- Sharp v. EdwardsSupreme Court of Alabama · 1919
- Bell v. KingSupreme Court of Alabama · 1924
- State Ex Rel. Radcliff v. City of MobileSupreme Court of Alabama · 1934
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