DeLaine v. Alderman
Supreme Court of South Carolina
Before Pressley, J., Clarendon, October, 1888. This was an action by Henry C. DeLaine against David W. Alderman. The judge charged the jury as follows: Gentlemen of tile Jury : It is my duty to call your attention to the facts and give you the law in this case. In the first place, all that has been said about the defendant’s entering upon that land and building thereon a railroad, lias nothing whatever to do with this case.
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Before Pressley, J., Clarendon, October, 1888. This was an action by Henry C. DeLaine against David W. Alderman. The judge charged the jury as follows: Gentlemen of tile Jury : It is my duty to call your attention to the facts and give you the law in this case. In the first place, all that has been said about the defendant’s entering upon that land and building thereon a railroad, lias nothing whatever to do with this case. There is not a scintilla of proof as to his committing any trespass by entering on the land to build a railroad. The plaintiff admits that he has not been injured by it,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
The complaint stated that “on or about May 2, 1887, the plaintiff was in possession of a tract of land in Clarendon County, and that the defendant, by himself and his servants, unlawfully entered upon said land, and with force and’ violence did remove from said land iron rails, which were fixtures, property of said plaintiff, whereby plaintiff lost said iron rails, to the damage of said plaintiff five hundred dollars, and thereby defendant, by force of section 2295 of the General Statutes of the State, forfeited and became liable to…
2Cited by8 opinions
- Planter's Bank v. Lummus Cotton Gin Co.Supreme Court of South Carolina · 1925
- Vance v. FergusonSupreme Court of South Carolina · 1915
- Carroll v. BrittSupreme Court of South Carolina · 1955
- Dupre v. Tilghman Lumber Co.Supreme Court of South Carolina · 1920
- Frederick v. ChapmanSupreme Court of South Carolina · 1928
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