Atlantic Coast Line R. R. v. Seaboard Air Line Railway
Supreme Court of South Carolina
Before WaTts, J., Chesterfield, December, 1910. Action by the Atlantic Coast Line R. R. Co. against the Seaboard Air Line Ry.
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Before WaTts, J., Chesterfield, December, 1910. Action by the Atlantic Coast Line R. R. Co. against the Seaboard Air Line Ry. Defendant appeals. cite: Frror to give relief beyond scope of rule: 14 Ency. 119-20; 19 S. C. 286; 38 S. C. 464. Plaintiff’s right to condemn had not been adjudicated: 38 S. C. 308; 67 S. C. 84; 51 S. C. 164; 53 S. C. 118, 198; 77 S. C. 416; 87 S. C. 270. Private nuisance should not have been enjoined before the determination of its existence by law: 17 S. C. 411; 21 S. C. 234; 24 S. C. 39; 42 S. C. 93; 63 S. C. 38; 19 S. C. 293. Legal proceedings should not be…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This appeal is from an order of injunction pendente lite granted by Judge Watts on December 30, 1910, upon return of defendant, to a rule to show cause with temporary restraining order.dated December 22, 1910.
The rule directed defendant to show cause why it “should not be restrained and enjoined from obstructing in any manner and from maintaining its sidetrack over and across the right of way of plaintiff on Front street in the town of Cheraw, and why it should not be enjoined and restrained from instituting any legal steps…
2Cases cited3 opinions
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- Georgia, Railway Co. v. RidlehuberSupreme Court of South Carolina · 1893
- Wright v. City of ColumbiaSupreme Court of South Carolina · 1907