Legal Opinion

Southern Ry. v. Beaudrot

Supreme Court of South Carolina

Decided March 29, 1902PublishedCited by 26 opinions

Before Klugi-i, J., Greenwood, April, 1901. Action by Southern Railway against M. A. Beaudrot. From order of nonsuit in trial of issues and equity order dismissing complaint, plaintiff appeals. cites: This was an equity cause, and the nonsuit was improper: 6 L. R. A., 262; ioFncy., 2 ed., 431; 57 S. C., 293; 17 S. C., 417; 54 S. C., 123; 60 S. €., 559; 47 S. C., 446; 54 S. C., 115. Plaintiff is entitled to relief prayed for: 60 S. C., 389; Lewis Em. Dom., sec. 586; 6 Am.

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Before Klugi-i, J., Greenwood, April, 1901. Action by Southern Railway against M. A. Beaudrot. From order of nonsuit in trial of issues and equity order dismissing complaint, plaintiff appeals. cites: This was an equity cause, and the nonsuit was improper: 6 L. R. A., 262; ioFncy., 2 ed., 431; 57 S. C., 293; 17 S. C., 417; 54 S. C., 123; 60 S. €., 559; 47 S. C., 446; 54 S. C., 115. Plaintiff is entitled to relief prayed for: 60 S. C., 389; Lewis Em. Dom., sec. 586; 6 Am. R., 184; 31 Am. R., 192; 35 Am. D., 305; Cooley Con. Lim., 557, 691; AYash. Easemt., 159; 10 L. R. A., 855; 1 McM., 174; 32…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The plaintiff brought this action to require the defendant to remove a fence which she had erected on plaintiff’s right of way, and to enjoin defendant from further obstructing said right of way. The defendant, by her answer, among other things, raised an issue of title to the premises claimed as a right of way, denying that plaintiff had any interest of any kind whatsoever in said premises, and setting up adverse possession of said premises under claim of title, exclusive of any other right. .The answer further denied that said fence…

2Cases cited1 opinion

  1. Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879

3Cited by26 opinions

  1. Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1998
  2. OUTLAW v. MoiseSupreme Court of South Carolina · 1952
  3. Harman v. Southern Ry.Supreme Court of South Carolina · 1905
  4. Mayfield v. Southern Ry.—Carolina DivisionSupreme Court of South Carolina · 1910
  5. Boney v. CornwellSupreme Court of South Carolina · 1921

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