LOUISVILLE & NASHVILLE RAILROAD COMPANY v. STATE

1 Div. 140.

159 So.2d 458 (1963)

LOUISVILLE & NASHVILLE RAILROAD COMPANY et al. v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied January 16, 1964.


Attorney(s) appearing for the Case

Edmund R. Cannon, Jr., Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellants.

Richmond M. Flowers, Atty. Gen., and Maurice F. Bishop, Sp. Asst. Atty. Gen., for appellee.


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...

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