Ross v. Charleston &c. Co.
Supreme Court of South Carolina
Before Townsend, J., Charleston, March, 1894. Action by Marion Boss against the Charleston, McClellan-ville and Santee Transportation Company, commenced October 14, 1893. The case came up on the following exceptions by plaintiff to an order of the Circuit Judge, “that the demurrer be sustained and the complaint be dismissed with costs:” 1st. Because the said judge erred in sustaining the demurrer to the complaint, and dismissing the same with costs, “on the ground that it…
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Before Townsend, J., Charleston, March, 1894. Action by Marion Boss against the Charleston, McClellan-ville and Santee Transportation Company, commenced October 14, 1893. The case came up on the following exceptions by plaintiff to an order of the Circuit Judge, “that the demurrer be sustained and the complaint be dismissed with costs:” 1st. Because the said judge erred in sustaining the demurrer to the complaint, and dismissing the same with costs, “on the ground that it does not state facts sufficient to constitute a cause of action” against the defendant, inasmuch as it alleges that the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIver.
The sole question in this case being whether the Circuit Judge erred in sustaining a demurrer to the complaint, upon the ground that the facts stated therein are not sufficient to constitute a cause of action, it will be necessary first to ascertain what are the allegations contained in the complaint. These allegations may be stated substantially as follows: 1st. That the defendant is now, and was at the times hereinafter mentioned, a corporation, and as such owned and operated a certain steamboat known as the “Louise.” 2. That…
2Cited by3 opinions
- Bank of Johnston v. JonesSupreme Court of South Carolina · 1927
- Grimberg v. Columbia Packers' Assoc.Oregon Supreme Court · 1905
- Adams v. CareyOregon Supreme Court · 1911