Harman v. Southern Ry.
Supreme Court of South Carolina
Before Watts, J., Richland, July, 1904. Action by Frederick Harman against Southern Railway. From, judgment for defendant, plaintiff appeals on following exceptions: “1. Because his Honor erred in charging the jury as follows : ‘Now, I charge you as a matter of law, that the defendant here, a corporation duly incorporated under the laws of this State, if it is the Greenville and Columbia Railroad, then under the act of the legislature of 1845, I believe it is, it gave to…
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Before Watts, J., Richland, July, 1904. Action by Frederick Harman against Southern Railway. From, judgment for defendant, plaintiff appeals on following exceptions: “1. Because his Honor erred in charging the jury as follows : ‘Now, I charge you as a matter of law, that the defendant here, a corporation duly incorporated under the laws of this State, if it is the Greenville and Columbia Railroad, then under the act of the legislature of 1845, I believe it is, it gave to that railroad an easement, right of way, over the land of anybody it ran through for one hundred feet on each side from the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts are thus set out in the argument of the appellant’s attorneys :
“This action was commenced September 14, 1903, by the service of the summons and complaint on the defendant. The complaint alleges (par. 1), the corporate capacity of the defendant; (par. 2) plaintiff’s ownership and possession of the tract of land described in the complaint; (par. 3) defendant’s ownership and operation of the railroad known as the Columbia and Greenville Railroad, running through said tract of land (par. 4) the unlawful and wilful entry of…
2Cases cited4 opinions
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Southern Ry. v. BeaudrotSupreme Court of South Carolina · 1902
- Crocker v. CollinsSupreme Court of South Carolina · 1892
- Hill v. Southern Ry.Supreme Court of South Carolina · 1903
3Cited by17 opinions
- Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1998
- Wilson v. Southern Railway Co.Supreme Court of South Carolina · 1923
- Southern Railway v. HowellSupreme Court of South Carolina · 1908
- Boney v. CornwellSupreme Court of South Carolina · 1921
- Southern Railway Co. v. DaySupreme Court of South Carolina · 1926
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