Columbia Water Power Co. v. Columbia Electric Street Railway Light & Power Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA. This was a complaint ia the nature of a bill in equity, filed in the Court of common pleas for Richmond County, South Carolina, by the Columbia Water Rower Company, as plaintiff, to enjoin the Columbia Electric Street Railway, Light and Power Company from using certain water power for the propulsion of its cars, lighting its lamps and furnishing power motors, also from entering upon plaintiff’s lands and erecting…
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ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA. This was a complaint ia the nature of a bill in equity, filed in the Court of common pleas for Richmond County, South Carolina, by the Columbia Water Rower Company, as plaintiff, to enjoin the Columbia Electric Street Railway, Light and Power Company from using certain water power for the propulsion of its cars, lighting its lamps and furnishing power motors, also from entering upon plaintiff’s lands and erecting thereon its buildings, works and machinery; and also requiring dhe defendant to remove such as had already been erected,…
1Opinion of the CourtJustice Brown
1. A preliminary motion was made to dismiss this writ of error upon the ground that no Federal question was involved, and even if there were such question, it was not “specially set up and claimed ” in the state court, as required by Bev. Stat. § 709.
An examination of the complaint shows that the plaintiff relies upon the act of the general assembly of December 24, 1887. This statute (sec. 1) authorizes the board of directors of the South Carolina penitentiary, which had acquired the ownership of the canal under a previous act of February 8, 1882, to transfer the property to the board of…
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