Batterton v. City of Birmingham

Appellant owns a valuable lot on the southeast corner of Twenty-Fourth street and First avenue in the city of Birmingham, on which is located a building rented for wholesale purposes. The city of Birmingham, in conjunction with a number of railroad companies, erected a viaduct over said Twenty-Fourth street from First avenue on the north to Avenue B on the south. Appellant’s property fronts on First avenue 50 feet and runs back with uniform width to Morris avenue, which is the avenue immediately south of First avenue.'

Appellant insisted his property was damaged by the erection of the viaduct,…