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Louisville & Nashville Railroad Company Et

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eBook details

  • Title: Louisville & Nashville Railroad Company Et
  • Author : Supreme Court of Alabama
  • Release Date : January 12, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

MERRILL, Justice. The State of Alabama, appellee and complainant below, filed an action for declaratory judgment and injunctive relief because appellant Louisville & Nashville Railroad Company, hereinafter designated L&N, had connected with a spur track on a highway right-of-way purchased by the State, and was operating trains across the right-of-way on the spur track. The appeal was taken from a decree holding that the State's rights were superior to those of appellant and enjoining L&N from using the spur track on the right-of-way. In 1942, appellant Southern Furniture Manufacturing Company, hereinafter referred to as Southern Furniture, acquired a tract of land measuring approximately 2,000 feet north and south and 1,000 feet east and west. The south boundary of the property was the L&N right-of-way and the L&N maintained a fence along the boundary line. A spur side track entered the property from the north, passed alongside a warehouse on the property, and extended south beyond the warehouse toward the L&N track.


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