Lipfeld v. Charlotte &c. R. R.
Supreme Court of South Carolina
Before Izlar, J., Aiken, October, 1893. Action by Bertha Lipfield and David, her husband, against the Charlotte, Columbia and Augusta Railroad Company, commenced August 3, 1891, to recover damages for the burning of several houses, and other property of plaintiff on May 8, 1891, by ñre originating from a spark emitted by defendant’s locomotive engine.
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Before Izlar, J., Aiken, October, 1893. Action by Bertha Lipfield and David, her husband, against the Charlotte, Columbia and Augusta Railroad Company, commenced August 3, 1891, to recover damages for the burning of several houses, and other property of plaintiff on May 8, 1891, by ñre originating from a spark emitted by defendant’s locomotive engine. Defendant contended that the statute under which the action was brought was in violation of art. 1, §§ 8 and 10, and amendment 14, of the United States Constitution, and art. 1, §§ 12, 14, and 23, of the State Constitution. The testimony showed…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice MoIyer.
The action in this case was brought by the plaintiffs against the defendant company to recover damages for the destruction of certain property of plaintiffs by fire, communicated by sparks escaping “from a locomotive engine operated as aforesaid upon the railroad track of the defendant company by its agents, servants, and lessees,” under the provisions of section 1511 of the General Statutes. The two questions raised by the defence are: 1st. As to the constitutionality of the said section. 2d. Whether the defendant company…
2Cited by2 opinions
- Southern Ry. Co. v. Power Fuel Co.Court of Appeals for the Fourth Circuit · 1907
- Bellamy v. Conway, Coast & Western R. R.Supreme Court of South Carolina · 1910