Birmingham Belt Ry. Co. v. Lockwood
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. II. Benners. Action by A. H. Lockwood against the Birmingham Belt Railroad Company. A judgment was rendered in favor of plaintiff, and both parties appeal. Damages for the taking and injury to land belong to the owner at the time of the injury and do not pass to a subsequent vendee. — Evans v. 8. d TF. Ry. Go., 90 Ala. 54; Roberts v. The X. B. R. R. Go.., 158 II.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. II. Benners. Action by A. H. Lockwood against the Birmingham Belt Railroad Company. A judgment was rendered in favor of plaintiff, and both parties appeal. Damages for the taking and injury to land belong to the owner at the time of the injury and do not pass to a subsequent vendee. — Evans v. 8. d TF. Ry. Go., 90 Ala. 54; Roberts v. The X. B. R. R. Go.., 158 II. S. 1; King v. 8outhern Ry., 119 Fed. 1017; 8. X. R. R. Go. v. .1. G. 8. Ry. Go., 102 Ala. 230; Mills on Eminent Domain, § 00. The road-’ bed is a permanent structure. — 8. A.…
1Opinion of the CourtSimpson, J.
The. hill was filed in this case by the appellee, (complainant) against the appellant (defendant), setting up her title to a certain lot in Birmingham, claiming that complainant has the title to the middle of the street abutting- said lot, referring- to the various agreements and ordinances by which defendant aud its predecessors obtained the right to lay tracks and operate cars on said street, which is called “Avenue E,” and raising some questions as to the regularity of the organization of corporations and the transfer from one to the other. The bill then sets up as the gravamen of its…
2Cases cited8 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Evans v. Savannah & Western Railway Co.Supreme Court of Alabama · 1890
- McFadden v. JohnsonSupreme Court of Pennsylvania · 1873
- Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Folmar v. BrantleySupreme Court of Alabama · 1939
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
- Bailey v. United StatesUnited States Court of Federal Claims · 2007
- Mobile & Western Railway Co. v. Fowl River Lumber Co.Supreme Court of Alabama · 1907
- Mobile County v. Barnes-Creary Supply Co.Supreme Court of Alabama · 1932
10 more not listed; retrieve them via the Exa API.