Legal Opinion

Edwards v. Charlotte, &c., Railroad

Supreme Court of South Carolina

Decided September 29, 1893PublishedCited by 15 opinions

Before Witherspoon, J., Aiken, April, 1892. This was an action by Elizabeth Edwards and her husband against the O., C. & A. R. R. Company, commenced February 20, 1891. Verdict was for defendant, and plaintiff appealed. cited 28 S. C., 163; 34 Id., 66; 37 Id., 343; 34 A. & E. R. R. Cas., 143; 71 Mo., 237; 131 Mass., 491; 11 Tenn., 382; 16 S. E. Rep., 181; Lewis Em.

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Before Witherspoon, J., Aiken, April, 1892. This was an action by Elizabeth Edwards and her husband against the O., C. & A. R. R. Company, commenced February 20, 1891. Verdict was for defendant, and plaintiff appealed. cited 28 S. C., 163; 34 Id., 66; 37 Id., 343; 34 A. & E. R. R. Cas., 143; 71 Mo., 237; 131 Mass., 491; 11 Tenn., 382; 16 S. E. Rep., 181; Lewis Em. Dom., § 566; 13 S. C., 99. cited some of the cases stated in the opinion of this-court, and, also, the following: 33 Kan., 374; 20 A. & E. R. R. Cas., 117, 103; Dill. Mun. Corp., § 798, and notes; Ang. Waterc., § 108; Add. Torts,…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice McIver.

The plaintiff, who is a married woman, joining her husband with her as a coplaintiff, brings this action against the Charlotte, Columbia and Augusta Railroad Company, to recover damages alleged to have been done to her property, as well as to her health, by reason of the obstruction by the defendant company of the natural flow of surface water over and across the right of way and railroad track of defendant. The allegations in the complaint, substantially, are, that some time in the year 1867 the defendant company constructed…

2Cases cited7 opinions

  1. Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
  2. Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
  3. Shane v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
  4. McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
  5. Staton v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1892

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3Cited by15 opinions

  1. Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
  2. Lucas v. RAWL FAMILY LTD. PARTNERSHIPSupreme Court of South Carolina · 2004
  3. Fordham v. Northern Pacific Railway Co.Montana Supreme Court · 1904
  4. Lawton v. South Bound R. R.Supreme Court of South Carolina · 1901
  5. Touchberry v. Northwestern R. R.Supreme Court of South Carolina · 1911

10 more not listed; retrieve them via the Exa API.

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