Avinger v. South Carolina Railway Co.
Supreme Court of South Carolina
Before Fraser, J., Berkeley, This was an action by Thomas J. Avinger against the South Carolina Railway Company, commenced in September, 1885. The complaint was as follows : The plaintiff above named, complaining of the defendant above named, alleges: First. That at the times hereinafter mentioned, the defendant was and now is a railroad corporation, created by and under the laws of the State of South Carolina. Second.
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Before Fraser, J., Berkeley, This was an action by Thomas J. Avinger against the South Carolina Railway Company, commenced in September, 1885. The complaint was as follows : The plaintiff above named, complaining of the defendant above named, alleges: First. That at the times hereinafter mentioned, the defendant was and now is a railroad corporation, created by and under the laws of the State of South Carolina. Second. That at the times hereafter mentioned the defendant, as such railroad corporation, were common carriers for hire under the laws of the State of South Carolina between the city…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chibe Justice Simpson.
The character of this action and of the defence will be seen from the complaint and answer, copies of which are hereto appended.
At the close of plaintiff’s testimony the defendant moved for a non-suit, which was refused, his honor saying that “it is by no means clear what are the rights of the railroad company over the land of the landowners over which this branch runs. It might be that under the statute, they had no right to condemn that land. The difficulty with me is, that if the railroad is there at all, is it not there…
2Cases cited1 opinion
- Johnson v. Pensacola & Perdido RailroadSupreme Court of Florida · 1878
3Cited by4 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Kibler v. Southern Ry.Supreme Court of South Carolina · 1902
- State v. HowellSupreme Court of South Carolina · 1931
- Pensick & Gordon, Inc. v. California Motor ExpressCourt of Appeals for the Ninth Circuit · 1963