Legal Opinion

South Carolina Steamboat Co. v. Wilmington, Columbia & Augusta Railroad

Supreme Court of South Carolina

Decided March 23, 1896PublishedCited by 15 opinions

Before Townsend, J., Marion, April, 1895. This action was commenced in July, 1893, by service of following complaint: The plaintiff, complaining of the defendant, alleges: First. That the plaintiff is a corporation duly created by and existing under the laws of the State of South Carolina aforesaid, under the name of the South Carolina Steamboat Company. Second.

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Before Townsend, J., Marion, April, 1895. This action was commenced in July, 1893, by service of following complaint: The plaintiff, complaining of the defendant, alleges: First. That the plaintiff is a corporation duly created by and existing under the laws of the State of South Carolina aforesaid, under the name of the South Carolina Steamboat Company. Second. That the defendant is a corporation duly created by and existing under the laws of the State of South Carolina aforesaid, under the name of the Wilmington, Columbia and Augusta Railway Company. Third. That the plaintiff has, for a…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice McIver.

The plaintiff brings this action to recover damages, alleged to have been sustained by it by reason of the obstruction, by the defendant com*333pany, of the navigation of the Pee Dee River, alleged to be a navigable stream. Inasmuch as the primal and, as we think, controlling question, arises upon a demurrer to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action, it will be necessary for the reporter to embody in his report of the case a copy of the complaint which is set out in the…

2Cited by15 opinions

  1. Brown v. HendricksSupreme Court of South Carolina · 1947
  2. Carolina Power & Light Co. v. South Carolina Public Service AuthorityCourt of Appeals for the Fourth Circuit · 1938
  3. Kelly v. TinerSupreme Court of South Carolina · 1912
  4. McMeekin v. Central Carolina Power Co.Supreme Court of South Carolina · 1908
  5. Belton v. Wateree Power Co.Supreme Court of South Carolina · 1922

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