Legal Opinion

Lawton v. South Bound R. R.

Supreme Court of South Carolina

Decided September 20, 1901PublishedCited by 17 opinions

Before Townsend, J., Hampton, November, 1899. Action by W. H. Lawton against South Bound Railroad Co. on the following complaint, omitting the formal parts: “II. That the plaintiff herein, at the times hereinafter mentioned, was and is now a citizen and resident of Hampton County, S. C., and is the owner of a large tract of land situate, lying and being in the said county and State. “HI.

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Before Townsend, J., Hampton, November, 1899. Action by W. H. Lawton against South Bound Railroad Co. on the following complaint, omitting the formal parts: “II. That the plaintiff herein, at the times hereinafter mentioned, was and is now a citizen and resident of Hampton County, S. C., and is the owner of a large tract of land situate, lying and being in the said county and State. “HI. That said defendant railroad passes over and through the plaintiff’s said tract of land and near thereto by its roadbed and track. “IV. That on the 15th day of May, 1897, and on other dates, defendant…

1Opinion of the Court

September 20, 1901. The opinion of the Court was delivered by Inasmuch as the question presented by this appeal arises under a demurrer to the complaint upon the ground that the facts stated therein are not sufficient to constitute a cause of action, the Reporter will incorporate in his report of the case, a copy of the complaint, omitting the title, the first paragraph and the prayer for relief, which contain nothing material to the question presented. The demurrer was sustained by his Honor, Judge Townsend, in a short order, not assigning any reasons for his conclusion. From the judgment…

2Cases cited3 opinions

  1. Wisconsin Central Railroad v. Taylor CountyWisconsin Supreme Court · 1881
  2. Baltzeger v. Car. Midland Ry. Co.Supreme Court of South Carolina · 1899
  3. Edwards v. Charlotte, &c., RailroadSupreme Court of South Carolina · 1893

3Cited by17 opinions

  1. Faust v. Richland CountySupreme Court of South Carolina · 1921
  2. M AND M CORP. v. Auto-Owners Ins. Co.Supreme Court of South Carolina · 2010
  3. Deason v. Southern Railway CompanySupreme Court of South Carolina · 1927
  4. Johnson v. WilliamsSupreme Court of South Carolina · 1961
  5. Touchberry v. Northwestern R. R.Supreme Court of South Carolina · 1911

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