Busby v. Florida &c. R. R.
Supreme Court of South Carolina
Before Farle, J., Lexington, February, 1895. Action by J. C. Busby against the Florida Central and Peninsular Railroad Company. Judgment for plaintiff. Defendant appeals.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This was an action to recover damages caused by sparks of fire emitted from a locomotive engine of the defendant company, which ignited combustible material on defendant’s right of way, from which the fire spread over the lands of plaintiff. In defendant’s answer, the allegation that the lands over which the fire spread belonged to the plaintiff, was denied. This put the plaintiff to the proof of his title, for which purpose he relied upon adverse possession for the space of fifteen years, but there was no evidence that the…
2Cited by11 opinions
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- Lyles v. FellersSupreme Court of South Carolina · 1926
- Mitchell v. HamiltonSupreme Court of South Carolina · 1914
- DuPont v. Charleston Bridge Co.Supreme Court of South Carolina · 1903
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