Barksdale v. Charleston & Western Carolina Ry. Co.
Supreme Court of South Carolina
Before Klugh, J., Laurens, July term, 1908. Action by W. D. Barksdale against Charleston and Western Carolina Railway Company.
Read the full summary
Before Klugh, J., Laurens, July term, 1908. Action by W. D. Barksdale against Charleston and Western Carolina Railway Company. From judgment for plaintiff, defendant appeals on the following exceptions: 1. “Because the presiding Judge erred in allowing the introduction of the testimony of the witness Charles Hicks, against the objection of defendant, as to the manner in which a certain coal chute at Clinton, Tennessee, had been operated, and the method by which the annoyance from smoke, cinders, etc., had been prevented. The error being: “(a) In allowing testimony in this case as to what had…
1Opinion of the Court
July 26, 1909. The opinion of the Court was delivered by This is an action for injunction and to recover damages alleged to have been caused by the operation of a coal chute in the city of Laurens, S.C. on the ground that it is a nuisance.
The jury rendered a verdict in favor of the plaintiff for one thousand dollars, but an injunction was not granted, as the plaintiff announced that the verdict would be accepted as including both past and future damages, and that he would not ask for an injunction.
The defendant appealed upon exceptions, which will be set out in the report of the case.
First…
2Cases cited8 opinions
- Baltzeger v. Car. Midland Ry. Co.Supreme Court of South Carolina · 1899
- Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
- Steamboat Co. v. Railroad Co.Supreme Court of South Carolina · 1889
- South Carolina Steamboat Co. v. Wilmington, Columbia & Augusta RailroadSupreme Court of South Carolina · 1896
- McMeekin v. Central Carolina Power Co.Supreme Court of South Carolina · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Woods v. Rock Hill Fertilizer Co.Supreme Court of South Carolina · 1915
- Sullivan v. American Mfg. Co. of MassachusettsCourt of Appeals for the Fourth Circuit · 1929
- Free v. Parr Shoals Power Co.Supreme Court of South Carolina · 1918