Talbert v. Charleston & Western Carolina Ry.
Supreme Court of South Carolina
Before Purdy, J., Edgefield, November, 1904. Action by W. M. Talbert against Charleston and Western Carolina Railway Co. The Circuit order sustaining demurrer is as follows : “The defendant demurs to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.
Read the full summary
Before Purdy, J., Edgefield, November, 1904. Action by W. M. Talbert against Charleston and Western Carolina Railway Co. The Circuit order sustaining demurrer is as follows : “The defendant demurs to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The reasons assigned by the defendant why the complaint is insufficient to constitute a cause of action are set out in defendant’s written demurrer, of which due notice in writing was given to the plaintiff’s attorneys, and need not be repeated here. “A memorandum of the authorities relied upon…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
This appeal involves the correctness of the order of Judge Purdy sustaining the demurrer of defendant to the plaintiff’s complaint, on the ground that the complaint fails to set forth the proper cause of action. It is thus necessary that the complaint and the demurrer thereto shall be reproduced. The complaint is as follows (the first paragraph is omitted, relating as it does to the corporate character of the defendant) :
“3d. That the plaintiff is informed, believes and alleges that said Charleston and Western Carolina Railway…
2Cases cited4 opinions
- Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
- Creech v. Char. & West. Car. Ry.Supreme Court of South Carolina · 1903
- Madden v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1892
- Elkins v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1902
3Cited by3 opinions
- Singletary v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1950
- Singletary v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1950
- Veronee v. Charleston Consol. Ry. & Lighting Co.Supreme Court of South Carolina · 1929