Atlantic Coast Line R. R. v. Dawes
Supreme Court of South Carolina
Before Rice, J., Sumter, April, 1912. Action to recover possession of real property brought by Atlantic Coast Dine Railroad Company against Mary A. Dawes. From a judgment for defendant, plaintiff appeals. The facts, and exceptions, so far as material, are stated in the opinion.
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Before Rice, J., Sumter, April, 1912. Action to recover possession of real property brought by Atlantic Coast Dine Railroad Company against Mary A. Dawes. From a judgment for defendant, plaintiff appeals. The facts, and exceptions, so far as material, are stated in the opinion. The latter submit: Testimony as to statements of agent, not within the scope of their agency, not admissible as against the principal: 28 S. C. 157; 40 S. C. 450; 35 S. C. 517; 47 L. R. A. (N. S.) 830. submit: Declarations of agent within apparent scope of his agency are admissible against his principal: 79 S. C. 447.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
Plaintiff sued to recover possession of a strip of land about eighteen feet wide, extending across defendant’s lot adjoining its right of way, opposite the passenger station at Sumter, alleging that the strip is a part of its right of way, and sought incidentally to require defendant to remove some structures thereon, alleged to be of a temporary nature, and to enjoin further trespassing thereon. Defendant denied the allegations of the complaint and pleaded estoppel and adverse possession.
Defendant has owned her lot since 1888. Her…
2Cases cited4 opinions
- Atlantic Coast Line R. R. v. EppersonSupreme Court of South Carolina · 1910
- Waldrop v. Greenwood, Laurens & Spartanburg R. R.Supreme Court of South Carolina · 1888
- Guess v. South Bound Railway Co.Supreme Court of South Carolina · 1894
- Schlapbach v. Richmond &c. RailroadSupreme Court of South Carolina · 1892
3Cited by3 opinions
- Atlantic Coast Line Railroad v. SearsonSupreme Court of South Carolina · 1926
- Atlantic Coast Line R. v. DawesSupreme Court of South Carolina · 1916
- Jeter v. Liberty Life Insurance Co.Supreme Court of South Carolina · 1924