Legal Opinion

Columbia W. P. Co. v. Columbia Electric &c. Co.

Supreme Court of South Carolina

Decided February 18, 1895PublishedCited by 9 opinions

Before Hudson, J., Richland, October, 1893. Action by the Columbia Water Power Company against the Columbia Electric Street Railway, Light and Power Company, commenced August 16, 1893, to restrain the defendant from using the 500 horse power of water power, claimed under its contract with the State, in generating power to move its cars, or furnish light, or for any other private purpose, and from erecting any other structures or machinery on the lands described, and to…

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Before Hudson, J., Richland, October, 1893. Action by the Columbia Water Power Company against the Columbia Electric Street Railway, Light and Power Company, commenced August 16, 1893, to restrain the defendant from using the 500 horse power of water power, claimed under its contract with the State, in generating power to move its cars, or furnish light, or for any other private purpose, and from erecting any other structures or machinery on the lands described, and to require the removal of its steam plant, and claiming damages. The suggestion filed by the attorney general was as follows:…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Gary.

The view which the court takes of this case renders it unnecessary to trace the history of the Columbia Canal prior to the year 1887, when the act was passed entitled “An act to incorporate the board of trustees of the Columbia Canal, to transfer to the said board the Columbia Canal, with the lands now held therewith, and its appurtenances, and to develop the same,” the first and seventh sections of which are as follows:

Section 1. “That the board of directors of the South Carolina Penitentiary are hereby authorized, empowered, and…

2Cases cited12 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. United States v. LeeSupreme Court of the United States · 1882
  3. Shields v. BarrowSupreme Court of the United States · 1855
  4. Clark v. BarnardSupreme Court of the United States · 1883
  5. Poindexter v. GreenhowSupreme Court of the United States · 1885

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3Cited by9 opinions

  1. Baker v. KenneySupreme Court of Iowa · 1910
  2. Crews v. BeattieSupreme Court of South Carolina · 1941
  3. Gulf Production Co. v. ColquittCourt of Appeals of Texas · 1930
  4. Hopkins v. Clemson Agricultural CollegeSupreme Court of South Carolina · 1907
  5. Talbot v. JosephOregon Supreme Court · 1916

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