Southern Railway Co. v. Hood
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. It. B. Kelly. The hill iu this case was filed by the Southern Railway Company against the appellees, several of whom were minors. The hill averred substantially the following facts: That in 1887 the Rome & Decatur Railroad.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. It. B. Kelly. The hill iu this case was filed by the Southern Railway Company against the appellees, several of whom were minors. The hill averred substantially the following facts: That in 1887 the Rome & Decatur Railroad. Company entered upon certain lauds specifically described in the bill, alleged to be the property of the defendants, and built its railroad across said lands, occupying a strip of land fifty feet on each side from the center of said track; that the respondents, with knowledge of the facts that the Rome &…
1Opinion of the CourtIi All Also F, J.
Article I, section 24 of tlie State constitution provides that “private property shall not he taken or applied for public use, unless just compensation be first made therefore; nor shall private property be taken for private use, or for the use of corporations other than municipal, without the consent of the owner; provided, however, that the general assembly may, by law, secure to 'persons or corporations the right ■of way over the lands of other persons or corporations, .and by general laws provide for and regulate the exercise by persons and corporations of the rights herein reserved; bpt…
2Cases cited13 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- Ex Parte Louisville N. R. Co.Supreme Court of Alabama · 1924
- Alabama Central Railroad v. LongSupreme Court of Alabama · 1909
- O'Neill v. City of BirminghamSupreme Court of Alabama · 1930
- Southern Railway Co. v. CowanSupreme Court of Alabama · 1900
7 more not listed; retrieve them via the Exa API.