Johnson v. Road & Highway Commission
Supreme Court of South Carolina
Before Spain, J., Action by Roulie V. Johnson against Road and Highway Commission for Marion county. From an order dissolving a temporary injunction, plaintiff appeals. The statute (26 Stats. 945) is to be strictly construed: 26 Am. &Eng. Ene. R. 665; 73 S. C. 89; 1 Bay 356; 139 111. 46; 32 Am. St. Rep. 179, and note.
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Before Spain, J., Action by Roulie V. Johnson against Road and Highway Commission for Marion county. From an order dissolving a temporary injunction, plaintiff appeals. The statute (26 Stats. 945) is to be strictly construed: 26 Am. &Eng. Ene. R. 665; 73 S. C. 89; 1 Bay 356; 139 111. 46; 32 Am. St. Rep. 179, and note. How damages are to be fixed or assessed: 1 Code of Raws 1933. Relocation of road: 37 Cyc. 175; 189 Mass. 308; 19 Am. & Eng. 515. Jtirisdiction of Judge at chambers: 54 S. C. 487; 62 S. C. 196-;. 63 S. C. 348; 67 S. C. 84; 69 S. C. 156; 77 S. C. 81. The allegations of complaint…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
In 1910 the legislature passed an act to- provide for the improvement of public roads in Marion county. It provided for issuing bonds and a commission to carry out the work. In planning for the execution of their work, the commission determined h> cut off an angle between two roads leading into' the city of Marion, and thus shorten the distance between the city of Marion and the outlying sections of Wahee township. This cut-off ran through a field of the appellant. To this appellant objected and filed this action for injunction. The…
2Cited by8 opinions
- Lillard v. MeltonSupreme Court of South Carolina · 1915
- State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929
- McKiever v. City of SumterSupreme Court of South Carolina · 1926
- Spartanburg County v. Miller, Treas.Supreme Court of South Carolina · 1924
- Crawford v. Johnston, GovernorSupreme Court of South Carolina · 1935
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