Reed v. Northeastern Railroad
Supreme Court of South Carolina
Before Izlar and Wallace, JJ., Berkeley, December, 1890, and June, 1891. This was an action by Ophelia Reed, as administratrix, against the Northeastern Railroad Company, commenced October 4, 1890. In granting an order sustaining a demurrer to the complaint, Judge Wallace said: I have been thinking about this matter since the argument was suspended yesterday afternoon, and it is one of very great perplexity to me. It is an exceedingly nice question.
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Before Izlar and Wallace, JJ., Berkeley, December, 1890, and June, 1891. This was an action by Ophelia Reed, as administratrix, against the Northeastern Railroad Company, commenced October 4, 1890. In granting an order sustaining a demurrer to the complaint, Judge Wallace said: I have been thinking about this matter since the argument was suspended yesterday afternoon, and it is one of very great perplexity to me. It is an exceedingly nice question. Of course, I must decide the issue as I think the law to be, without reference to the hardships or benefits to be derived from the decision…
1Opinion of the Court
The opinion of the court -was delivered by
Mr. Justice Pope.
This action came on for trial before his honor, Judge Wallace, and a jury, at the June, 1891, term of the Court of Common Pleas for Berkeley County. The complaint was as follows:
1. That the defendant is a corporation duly incorporated under the laws of this State, and as such is the owner of a certain railroad known as the Northeastern Railroad, together with the tracks, cars, locomotives, and other appurtenances thereto belonging, between the city of Charleston and the city of Florence, in said State.
2. That on or about the day of…
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