Willoughby v. North Eastern R. R.
Supreme Court of South Carolina
Before Klugh, J., Florence, February, 1897. Action by Fila F. and T. C.Willoughby v. North Eastern Railroad Company. Judgment for defendant. Plaintiffs appeal. cite: Questions not res judicata: 17 S. C., 40; Rich.
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Before Klugh, J., Florence, February, 1897. Action by Fila F. and T. C.Willoughby v. North Eastern Railroad Company. Judgment for defendant. Plaintiffs appeal. cite: Questions not res judicata: 17 S. C., 40; Rich. Eq., 204; 1 John, Cas., 497; 31 Verm., 249. Defendant had no right to assault -plaintiff in order to come out with the rails: 2 Bail., 4; 16 S. C., 375; 2 Strob., 232. cite: Issue once adjudicated cannot be again raised, even in a different cause of action: 94 U. S., 351; 4 Am. St. Rep., 436; 158 U. S., 1; 1 How., 135; 14 Am. St. Rep., 247; 152 U. S., 301; 144 U. S., 610; 146 U. S.,…
1Opinion of the Court
The opinion of the Court was delivered by
Judge Buchanan,
acting Associate Justice in place of Justice Jones, disqualified. This case comes up from Florence County, to which county it was removed by order of his Honor, Judge D. A. Townsend, of date 27th October, 1894. It was begun in the county of Williamsburg by the service of summons and complaint on the 23d day of July, 1887. After setting out the preliminary matter, the complaint alleges, for a first cause of action: “That on or about the 11th day of August, 1887, at Scranton, in the county of Williamsburg, and the State aforesaid, the…
2Cases cited5 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- Wilmington & Weldon Railroad v. AlsbrookSupreme Court of the United States · 1892
3Cited by6 opinions
- Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
- Middleton v. Denmark Ice & Fuel Co.Supreme Court of South Carolina · 1914
- Smith v. Du RantSupreme Court of South Carolina · 1960
- Gleaton v. Southern Ry. Co.Supreme Court of South Carolina · 1948
- Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
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