Hatter v. Mobile County
Decision Date | 22 December 1932 |
Docket Number | 1 Div. 753. |
Citation | 226 Ala. 1,145 So. 151 |
Parties | HATTER v. MOBILE COUNTY. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge.
Petition of the County of Mobile for condemnation of a right of way over lands of E. Lyles Hatter. From a judgment of condemnation, defendant appeals.
Reversed and remanded.
Petitioner's witness Rogers testified that he was resident engineer of the state highway department, in charge of paving the road, and went upon defendant's land and saw a lumber loader; that this loader was on the right of way resting on railroad rails and was movable; that it was on wheels like a railroad car that the right of way was 80 feet, and there were no tracks on each side of the loader; that there had been a track there.
He was examined as follows:
Defendant objected to each of the foregoing questions, and the action of the court in overruling these objections is made the basis of assignments 6, 7, 8, and 9.
Defendant's witness Ezelle testified: He was asked:
The action of the court in sustaining objections to these questions is made the basis of assignments 12, 13, and 14.
Assignment 18 is as follows:
The following charges were given for petitioner:
Inge, Stallworth & Inge, of Mobile, for appellant.
James H. Webb, of Mobile, for appellee.
This is a condemnation proceeding by the county of Mobile for a right of way eighty feet in width through two forty-acre tracts belonging to appellant, E. Lyles Hatter, to be used in the erection of a paved highway on the west side of the Southern Railroad running through said land as a relocation of what was formerly known as the "Telegraph Road," which ran on the east side of said railroad, and likewise through this same land.
As to the two forties there are approximately five acres embraced in the land condemned, and all of which is situated about twenty miles from the city of Mobile. The major portion of the proof concerns what is referred to as the north forty, which furnished an outlet to Hatter for a large tract of land (7,000 acres) used chiefly for timber and mill site, and upon which forty he had a lumber yard and track for loading cars on the Southern Railroad. The amount of compensation awarded by the jury for the forty was $590. Along the old roadway Hatter also had some buildings, both for business and residence purposes, which he insists were damaged by the removal of the highway several hundred feet to the west.
The...
To continue reading
Request your trial-
Hamrick v. Town of Albertville, 8 Div. 404.
... ... Denied May 31, 1934 ... Appeal ... from Circuit Court, Marshall County; E. P. Gay, Judge ... Proceeding ... by the Town of Albertville to fix an assessment ... consideration. McRea v. Marion County, supra; Hatter ... v. Mobile County, 226 Ala. 1, 145 So. 151; Pryor et ... al. v. Limestone County, 222 Ala ... ...
-
St. Clair County v. Bukacek
...from the highway. Hooper v. Savannah & M. R. Co., 69 Ala. 529; Pike County v. Whittington, 263 Ala. 47, 81 So.2d 288; Hatter v. Mobile County, 226 Ala. 1, 145 So. 151; McRea v. Marion County, 222 Ala. 511, 133 So. The authorities cited in the preceding paragraph hold that when the ways of i......
-
Pike County v. Whittington
...causes it to differ from the instant case, but we have read the original record and we find no such distinction. In Hatter v. Mobile County, 226 Ala. 1, 145 So. 151, 153, this court 'In the McRea Case, supra, this court considered also the question of damage to the owner by the removal of t......
-
Blount County v. Campbell
...completed project for which the land is condemned may produce on the remaining tract. Pike County v. Whittington, supra; Hatter v. Mobile County, 226 Ala. 1, 145 So. 151; McRea v. Marion County, supra; Hooper v. Savannah & M. R. Co., 69 Ala. In the case at bar as a result of the taking of a......