Legal Opinion

McClintock v. Charleston & Western Carolina Ry.

Supreme Court of South Carolina

Decided June 16, 1909No. 7219PublishedCited by 4 opinions

Before Gagü, J., Laurens, January, 1907. Two actions tried together; (1) by W. A. McClintock against Charleston and Western Carolina Railway; (2) W. E. McClintock against same defendant. From judgment for defendant, plaintiffs appeal. cite: Previous fires: 91 U. S., 454; 50 Cal., 176; 10 R. L, 20; 6 Allen, 87; 39 Md., 115. Subsequent fires: 271, 190' U. S., 287; 1.4 N. Y., 223; 114 Fed.

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Before Gagü, J., Laurens, January, 1907. Two actions tried together; (1) by W. A. McClintock against Charleston and Western Carolina Railway; (2) W. E. McClintock against same defendant. From judgment for defendant, plaintiffs appeal. cite: Previous fires: 91 U. S., 454; 50 Cal., 176; 10 R. L, 20; 6 Allen, 87; 39 Md., 115. Subsequent fires: 271, 190' U. S., 287; 1.4 N. Y., 223; 114 Fed. R., 133. Entries in book: 43 S. C., 468 ; 64 N. E., 233; 77 Ind., 110. Evidence in reply as to other trains passing: 33' S. C., 193; 7 S. C., 64; 54 S. C., 314; 25 S. C., 142. The latter cite: Evidence in…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

These two actions are separate and distinct, but by consent were tried together. The plaintiffs seek to recover damages for the loss of their property, alleged to have been caused by fire communicated from a locomotive engine of the defendant, or originating within the limits of defendant’s right of way. This fire is alleged to have occurred on the 21st of May, 1996. The plaintiff, W. A. McClintock, claiming to be the owner of the house which was destroyed, seeks to recover as his damages the value of the same, while the other…

2Cases cited1 opinion

  1. Weaver v. WhildenSupreme Court of South Carolina · 1890

3Cited by4 opinions

  1. Ford v. New York Life Ins. Co.Supreme Court of South Carolina · 1935
  2. Moore v. Atlantic Coast Line R.Supreme Court of South Carolina · 1926
  3. Laney v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1947
  4. Dubose v. SullivanSupreme Court of South Carolina · 1930

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