Township Commissioners v. Charleston, S.C., Mining & Manufacturing Co.
Supreme Court of South Carolina
Before DanTzeEr, J., Charleston, March, 1906. Action by C. C. Pinckney, E. T. Legare and John Bran-non, Township Commissioners of St. Andrew’s Parish, and W. P. Cantrell, County Supervisor of Charleston.
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Before DanTzeEr, J., Charleston, March, 1906. Action by C. C. Pinckney, E. T. Legare and John Bran-non, Township Commissioners of St. Andrew’s Parish, and W. P. Cantrell, County Supervisor of Charleston. County, against Charleston, S. C., Mining and Manufacturing Co. From judgment for defendant, plaintiffs appeal. cites: Commissioners have jurisdiction of all public roads: 33 Stat., 998; Code 1903, 1849; 3 Hill, 89, 641; Elliott on Roads, 331, 337, 343, 347, 447, 483, 507. Use to acquire right of way over unenclosed woodland must be adverse: 3 Strob., 60; 54 S. C., 394; 1 Spear, 30; 1 McM.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The complaint alleges, that in St. Andrew’s Parish, County of Charleston, there is a certain road, extending from a point on the Bear Swamp road, to the Ashley River road, which is and has been for over twenty years used and worked as a public highway; that the defendant intends to obstruct and destroy said road as a highway, by digging and mining it with dredges, and prays for an injunction.
The defendant sets up in its answer, that the road was not a public road, that it was a mere cart road, running through the unenclosed woodland of…
2Cited by4 opinions
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- State v. RodmanSupreme Court of South Carolina · 1910
- State v. DodenhoffSupreme Court of South Carolina · 1929
- State v. HughesSupreme Court of South Carolina · 1928