South Carolina Rail Road v. Moore
Supreme Court of Georgia
Award, in Eiehmond Superior Court. Decision by Juge Holt, at November Term, 1858. This was originally an action on the case brought by John A. Moore and Thomas N. Philpot, owners of certain steamboats on the Savannah Eiver, against the South Carolina Railroad Company, to recover damages, alleged to have, been sustained by plaintiffs, by the erection of a railroad bridge across the Savannah river, opposite the city of Augusta, by the defendant, whereby the navigation of said…
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Award, in Eiehmond Superior Court. Decision by Juge Holt, at November Term, 1858. This was originally an action on the case brought by John A. Moore and Thomas N. Philpot, owners of certain steamboats on the Savannah Eiver, against the South Carolina Railroad Company, to recover damages, alleged to have, been sustained by plaintiffs, by the erection of a railroad bridge across the Savannah river, opposite the city of Augusta, by the defendant, whereby the navigation of said river was obstructed, and plaintiffs, as steamboat owners, injured and damaged to the amount of ten thousand dollars.…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
1. The first question made in the record and discussed by counsel is, was this an arbitration under the rule of court, or under the act of 1856; or both ?
There was a case pending in court between these parties, and there was a rule of reference made of it by order of the court, with the consent of parties. Subsequently there was an agreement entered into out of court, to submit, not only the matters embraced in the writ, but other matters in dispute not included therein, but germain to them. The agreement to submit provides distinctly, that the…
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