Legal Opinion
Charleston & Western Carolina R. R. v. Garlington
Supreme Court of South Carolina
Decided April 13, 1906PublishedCited by 1 opinion
Before Klugh, J., Laurens, August, 1905. Two actions by Charleston and Western Carolina-Railroad Co. against -Cally Garlington and Annie C. Davis. From judgment for plaintiff, defendants appeal. cites: Appellants have right to damages for taking right of way: Wash, on Bas., sec. 32-; 67 S. C., 515; 25 Sup. Ct. R., 522; 33 S. C., 477.- cite: It requires twenty years to ripen prescriptive right of way: 53 S. C., 503; 63 S'. C., 439, 494; 67 S. C., 507.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
These two actions were tried- together. The decree in each case from which appeal- is now taken is as follows:
“This is an action on the part of the plaintiff to perpetually enjoin the defendant from: further proceedings under, the petition and order of the Court set out in the complaint to assess compensation to the defendant for the obstruction of-the street or right of way in the city of Laurens, abutting upon and appertaining to the lot of the defendant and over-which it is claimed the defendant has acquired a right to travel by an…
2Cited by1 opinion
- Muldrow v. JeffordsSupreme Court of South Carolina · 1928