Legal Opinion

Hill v. Laurens County

Supreme Court of South Carolina

Decided June 17, 1891PublishedCited by 6 opinions

Before Wallace, J., Laurens, This was an action by B. F. Hill against Laurens County. See Hill v. Railway Company, 31 S. C., 393. The Circuit Judge granted defendant’s motion for a non-suit “on the grounds that the place where plaintiff was injured was not a highway, and that, if it had been, there is no evidence of negligence on the part of the defendant.”

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Before Wallace, J., Laurens, This was an action by B. F. Hill against Laurens County. See Hill v. Railway Company, 31 S. C., 393. The Circuit Judge granted defendant’s motion for a non-suit “on the grounds that the place where plaintiff was injured was not a highway, and that, if it had been, there is no evidence of negligence on the part of the defendant.” In granting this order, his honor said : For time out of mind this has been a highway from Laurens in the direction of Hamburg. It was so in 1868, when the present constitution was adopted. . That constitution provided new methods, and a…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice MoIyer.

This was an action to recover damages for an injury sustained by the plaintiff while travelling along *144an alleged public highway in Laurens County, leading 'from the town of Laurens to the town of Hamburg. It seems that the recognized public highway between those two points, after the construction of the Port Royal and Western Carolina Railroad in 1884, passed under a trestle on said railroad, and that the highway at that point becoming very rough in the summer of 1886, a new road was cut out, at the suggestion of the neighbors, which…

2Cited by6 opinions

  1. McCall v. BatsonSupreme Court of South Carolina · 1985
  2. McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
  3. Parish v. Town of YorkvilleSupreme Court of South Carolina · 1913
  4. Matheny v. City of AikenSupreme Court of South Carolina · 1904
  5. Chewning v. Clarendon CountySupreme Court of South Carolina · 1931

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