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SOUTHERN RY. CO. v. PERFECTION LAUNDRY CO.

No. 5459.

38 F.2d 74 (1930)

SOUTHERN RY. CO. et al. v. PERFECTION LAUNDRY CO.

Circuit Court of Appeals, Fifth Circuit.

February 14, 1930.

Attorney(s) appearing for the Case

Horace C. Wilkinson, of Birmingham, Ala. (Frank A. Wilkinson, of Birmingham, Ala., on the brief), for appellants.

W. H. Sadler, Jr., of Birmingham, Ala. (Nesbit & Sadler, of Birmingham, Ala., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and CLAYTON, District Judge.

BRYAN, Circuit Judge.

This is an appeal by several railroad companies from a judgment for the damage which was done to appellee's property as a result of the construction of a viaduct in and over Twenty-Fourth street in the city of Birmingham. The appeal is taken on the ground that no cause of action was alleged or proved against appellants, but that only the city, which was not sued, could be held liable to appellee for the damage to its property.

Appellee...

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