Batson v. Southern Ry. Co.
Supreme Court of South Carolina
Before Mauudin, J., Greenville, June, 1916. Action for injunction by A. C. Batson and others against the Southern Railway Company, existing under the laws of State of' Virginia. From an order refusing application for the injunction, plaintiffs appeal. Mr. Stone cites: As to power of municipality: 23 S. C. 517; 1 Dillon Municipal Corporations, p. 149, sec. 89; Civil Code, sec. 2923, 2926, 2951, 3065, 2946; 7 S. E. 146; 49 S. E. 314; 41 Am.
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Before Mauudin, J., Greenville, June, 1916. Action for injunction by A. C. Batson and others against the Southern Railway Company, existing under the laws of State of' Virginia. From an order refusing application for the injunction, plaintiffs appeal. Mr. Stone cites: As to power of municipality: 23 S. C. 517; 1 Dillon Municipal Corporations, p. 149, sec. 89; Civil Code, sec. 2923, 2926, 2951, 3065, 2946; 7 S. E. 146; 49 S. E. 314; 41 Am. Rep. 561; 78 Ga. 271; 2 Woods R. R. Law, sec. 273.' Distinguishes: 92 S. C. 130. cite: Civil Code, secs. 2940, 2946, 2985, 2893, 2951, 1932, 1933, 3065; 46…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The appellants thus state their case:
“This is an appeal from an order of Hon. T. J. Mauldin, Circuit Judge, refusing an application for an injunction restraining Southern Railway Company from closing two highways which cross its tracks near the city of Greenville, Pendleton road and Woodside avenue. On one side of the railroad track where these highways cross is the incorporated town of West Greenville. The other side of the track is unincorporated territory, and therefore under the jurisdiction of the county supervisor of Greenville…
2Cited by5 opinions
- Cothran v. Rock HillSupreme Court of South Carolina · 1947
- Houston v. Town of West GreenvilleSupreme Court of South Carolina · 1921
- Jennings v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1950
- Hedrick v. PadonSupreme Court of Oklahoma · 1958
- Hedrick v. PadonSupreme Court of Oklahoma · 1958