Southern Railway v. Howell
Supreme Court of South Carolina
Befóme D'antzijsr, J., Spmitanlburg. Action by Southern Railway Company — Oarolim division against J. R. Howell. From judgment for plaintiff, defendant appeals. cite: Issue of authority in superintendent to write the letter is for jury: 55 S. C., 573. Notice by possession was changed by Sec. 2457, Code 1903: 22 & C, 33; 21 S. €., 430'; 23 S. C., 493; 24 'S, C., 285 ; 29 & 0., 147. cite:' 'Admission of superintendent can not deprive the company of its property: Bal'd.
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Befóme D'antzijsr, J., Spmitanlburg. Action by Southern Railway Company — Oarolim division against J. R. Howell. From judgment for plaintiff, defendant appeals. cite: Issue of authority in superintendent to write the letter is for jury: 55 S. C., 573. Notice by possession was changed by Sec. 2457, Code 1903: 22 & C, 33; 21 S. €., 430'; 23 S. C., 493; 24 'S, C., 285 ; 29 & 0., 147. cite:' 'Admission of superintendent can not deprive the company of its property: Bal'd. Am). R. R. R., 53-4; 2 'Coobe on Cbirp., Secs. 726, 709 ; 34 Am. St. R., 815. The word “understanding” is of doubtful meaning:…
1Opinion of the Court
The opinion of 'the Court was delivered by
Mr. Justice Gary.
The plaintiff in this action seeks to enjoin the defendant from obstructing its right of way.
At the trial, the plaintiff introduced in evidence the charter of the Spartanburg and Asheville Railroad 'Company, authorizing the company to construct a railroad from Spartanburg to the North Carolina line, in the direction of Ashe-ville, and vesting it “with al the rights', privileges and immunities granted to the Greenville and 'Columbia Railroad Company.”
The charter of the Columbia and Greenville Railroad Company, passed the 15th of…
2Cases cited2 opinions
- Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
- Harman v. Southern Ry.Supreme Court of South Carolina · 1905
3Cited by18 opinions
- Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1998
- Hoogenboom v. City of BeaufortCourt of Appeals of South Carolina · 1993
- Snipes v. Augusta-Aiken Ry. & Electric Corp.Supreme Court of South Carolina · 1929
- Boney v. CornwellSupreme Court of South Carolina · 1921
- Southern Railway-Carolina Division v. HowellSupreme Court of South Carolina · 1911
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