[Download] "Bessle v. Pappas v. Alabama Power Company" by Supreme Court of Alabama * eBook PDF Kindle ePub Free
eBook details
- Title: Bessle v. Pappas v. Alabama Power Company
- Author : Supreme Court of Alabama
- Release Date : January 21, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
SIMPSON, Justice. A condemnation proceeding was brought by Alabama Power Company in the Probate Court of Barbour County, Alabama, against Bessie V. Pappas and Gregory H. Pappas to condemn lands for a fifty foot wide right of way on which to erect towers, poles, and wire lines for distribution and sale to the public of electric power. From an order of condemnation granted by the Probate Court and an assessment of damages by commissioners in the amount of $3,780, Bessie V. Pappas and Gregory H. Pappas appealed to the Circuit Court of Barbour County, Eufaula Division, and filed a demand for a jury trial. A trial de novo was held in the Circuit Court pursuant to the statute. The Circuit Court granted the application for condemnation. During the trial the jury, accompanied by the trial Judge, was taken to the situs of the Pappas land. The jury returned an award for the condemnees in the amount of $4,999.88, and judgment was thereupon entered. Appellant Bessie V. Pappas has taken an appeal from this judgment and the order overruling her motion for a new trial. Gregory H. Pappas and Christie G. Pappas acknowledged themselves as security for costs on this appeal and Bessie V. Pappas filed a notice of a appeal to this court. Co-condemnee Gregory H. Pappas did not join in the appeal. Appellee has filed a motion to dismiss the appeal on technical grounds. The motion does not impress us as containing merit, but in view of our Conclusion that the judgment should be affirmed, we will not treat the question.