Brown v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Dantzi.fr, J., Chesterfield, December, 1907. Action by John B. Brown against Seaboard Air Bine Railway. From judgment for plaintiff, defendant appeals. The former cite: As to power of Court to allow the amendment: 41 S. C., 89; 31 S. C., 388; 39 S. C., 514; 43 S. C., 230; 40 S. C., 519. Allegation of fire originating on plaintiffs land is not supported by proof of communication from right of zvay: 41 S. C., 90; 40 S. C., 519.
1Opinion of the Court
The opinion of the Court ivas delivered by
Mr. Justice; Woods.
The complaint in this action alleges that the defendant, Seaboard Air Bine Railway Company, “carelessly and negligently put out fire by its locomotive engine on the lands of the plaintiff * * * and thereby burned over about two hundred acres of said lands of the plaintiff.” The damage to timber, fences, etc., was alleged at four hundred dollars. The answer was a general denial. The defendant appeals from a judgment in favor of the plaintiff.
The only two questions made in the Court below, which are involved in the appeal, appear from…
2Cases cited10 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Taylor v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
- City of Kansas v. HartSupreme Court of Kansas · 1899
- Bolton v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1889
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3Cited by3 opinions
- Fraser-Patterson Lumber Co. v. Southern Ry. Co.District Court, W.D. South Carolina · 1948
- Hines v. RittenbergCourt of Appeals for the Fourth Circuit · 1919
- Loretto Literary & Benevolent Society v. GarciaNew Mexico Supreme Court · 1913