Legal Opinion

Lampley v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided July 10, 1907No. 6583PublishedCited by 16 opinions

Action by John C. Lampley against Atlantic Coast Line R. R. Co. From order granting a new trial, defendant appeals. cites: Neglect to keep up levees was a concurring proximate cause of the damage, and no liability is shown of appellant:' 56 S. C., 91; 58 S. C., 222; 59 S. C., 322. If there were no evidence to sustain the verdict granting new trial was error: 54 S. C., 405. cites : As to jurisdiction of this Court to grant new trials: 1 S. C., 115, 140; 2 S. C., 388; 11 S.…

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Action by John C. Lampley against Atlantic Coast Line R. R. Co. From order granting a new trial, defendant appeals. cites: Neglect to keep up levees was a concurring proximate cause of the damage, and no liability is shown of appellant:' 56 S. C., 91; 58 S. C., 222; 59 S. C., 322. If there were no evidence to sustain the verdict granting new trial was error: 54 S. C., 405. cites : As to jurisdiction of this Court to grant new trials: 1 S. C., 115, 140; 2 S. C., 388; 11 S. C., 195, 589; 51 S. C., 138. Preponderance of evidence is not a ground for new trial: 75 S. C., 293, 523. Trial Judge need…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Pope.

In the year 1899, the plaintiff herein, John C. Lampley, began this action against the defendant railroad company for the loss of his oat crop and certain damage to his property alleged to have been caused by the negligent construction of its railroad. The lands in question are situated in Darlington County in what is Known as Roblyns Neck, a horse shoe shaped projection formed by a curve of the Pee Dee River. At this point the river for some distance swerves from its regular course towards the sea and takes an easterly direction…

2Cases cited2 opinions

  1. Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1905
  2. Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1902

3Cited by16 opinions

  1. Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
  2. Mordecai v. CantySupreme Court of South Carolina · 1910
  3. Kennedy v. City of GreenvilleSupreme Court of South Carolina · 1907
  4. Ingram v. Hines, Dir. Gen.Supreme Court of South Carolina · 1923
  5. Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925

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