Hood v. Southern Ry. Co.

• Decision Date: 22 April 1902
• Citation: 133 Ala. 374,31 So. 937
• Parties: HOOD ET AL. v. SOUTHERN RY. CO.
• Court: Alabama Supreme Court

31 So. 937

133 Ala. 374

HOOD ET AL. v. SOUTHERN RY. CO.

Supreme Court of Alabama

April 22, 1902

Appeal from chancery court, Etowah county; R. B. Kelly, Chancellor.

Bill by the Southern Railway Company against J. C. Hood and others. From an interlocutory decree, defendants appeal. Reversed.

The bill in this case was filed by the appellee, the Southern Railway Company, against the appellants, J. C. Hood and others, on April 23, 1898. As amended, the bill avers specifically the following facts: In 1887 the Rome & Decatur Railroad Company entered upon the land in question, and built its road across a strip of land described in the bill; this strip of land being used by said company as its right of way and being 100 feet wide and 3,800 feet long. The plaintiff is the legal successor in interest of the Rome & Decatur Railroad Company. Since the Rome & Decatur Railroad was built, the complainant and its predecessor in ownership have spent large sums of money "in improving, repairing, and keeping up said roadbed and right of way, which was necessary for the performance of its business." The complainant is compelled to have the use of the strip of land in order to operate its railroad. From the completion of the road, in 1887, the complainant and the companies under which it claims have constantly operated said railroad, transporting freight passengers, and the United States mall, and "during all of said time the respondents, though knowing of such operation and maintenance of said railroad over said land and the constant expenditure of money on improvements and repairs on the same by orator and those under whom it claims yet has never protested against the same until the 4th day of November, 1896, when they brought an action of ejectment against orator for the recovery of said lands. It was then averred in the bill as amended "that it is informed and believes, and on such information and belief charges, that before the filing of this bill some of the defendants parted with their interest in said lands to W. H. Hood, or to some other person unknown to complainant, and have no further interest in the same; that the names of the defendants so disposing of said interests are unknown to complainant; that complainant is ready and willing and here offers to pay to such of respondents as may be entitled thereto compensation for the lands taken and occupied by it as such right of way and for the injury done to the adjacent lands, such as they may be entitled to in equity and good conscience, but cannot make such compensation without first knowing who may be entitled thereto." As part of the paragraph of the bill from which the quotation just above made is taken, and to the end of knowing...