Legal Opinion

Lawton v. Seaboard Air Line Ry.

Supreme Court of South Carolina

Decided August 16, 1906PublishedCited by 7 opinions

Before Purdy, J., Hampton, Fall Term, 1905 Action by W. H. Lawton against Seaboard Air Line Ry. Defendant appeals from judgment for plaintiff. The former cite: Code of Proe., 112; 24 Ency., 788; 47 S. C., 487; 67 S. C., 194; 71 S. C., 158.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.-

This is an action for damages, alleged to have been' sustained by the plaintiff through the defendant’s negligent construction of an embankment across a' water course, in consequence of which the plaintiff’s lands were injured. The complaint alleges, that on or about the day of May, 1897, the South Bound Railroad Co. negligently constructed an embankment on its right of way, over and across Meeting House Branch — a natural water course running through plaintiff’s land, having a well defined channel, with bed, sides and bank. That in…

2Cases cited2 opinions

  1. Leitzsey v. Columbia Water Power Co.Supreme Court of South Carolina · 1896
  2. Delaney v. Railway CompanySupreme Court of South Carolina · 1900

3Cited by7 opinions

  1. Rogers v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1916
  2. J. Abe Hilton v. Duke Power Company, a Corporation Organized and Existing Under the Laws of One of the States of the UnionCourt of Appeals for the Fourth Circuit · 1958
  3. Belton v. Wateree Power Co.Supreme Court of South Carolina · 1922
  4. Sutton v. Catawba Power Co.Supreme Court of South Carolina · 1916
  5. State v. PerrySupreme Court of South Carolina · 1911

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