South Carolina State Highway Department v. Southern Railway Co.

Lewis, Justice.

This appeal involves a determination of whether Section 3 of Act No. 627, 1956 Acts of the General Assembly of South Carolina, now Sections 58-841 through 58-843 of the 1960 Supplement to the 1952 Code of Laws, requires the recovery of the fine imposed therein in a civil action or by a criminal prosecution.

The foregoing Act grants to the State Highway Department the power to require the construction and maintenance of certain grade crossings by the operators of railways in this State, and Section 3 of the Act is as follows:

“Any persons failing to comply with the provisions of…