Jones v. Seaboard Air Line Ry. Co.
Supreme Court of South Carolina
Before Izlar., special Judge, Kershaw, December, 1903. Action by Wiley L. Jones, Oliver P. Jones and Jno. J. Jones against Seaboard Air Line Railway.
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Before Izlar., special Judge, Kershaw, December, 1903. Action by Wiley L. Jones, Oliver P. Jones and Jno. J. Jones against Seaboard Air Line Railway. From judgment for plaintiff, defendant appeals on the foilwing exceptions: “1. Because upon the motion for a nonsuit his Honor, the presiding Judge, should have taken judicial cognizance of the fact that the Wateree River is a navigable stream, so declared- by the act of 1753, and should have held that the obstruction, if unlawful, would constitute a public nuisance, and that no action could be maintained by the plaintiffs, whose injuries, as…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The South Bound Railroad Company in building its road from Camden to Columbia constructed a temporary bridge across the Wateree River at Camden, and subsequently replaced it with a permanent bridge resting on stone piers. The plaintiffs made' a deed to the railroad company for a right of way over their lands to the river. In 1901, the South Bound Railroad Company was merged into the Seaboard Air Line Railway bjr consolidation. This action is brought against the Seaboard Air .Line Railway for damages and injunction. The grounds of the…
2Cases cited17 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- St. Louis v. RutzSupreme Court of the United States · 1891
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
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