Burnett v. Postal Telegraph Cable Co.
Supreme Court of South Carolina
Before Townsend, J., Spartanburg, Action by T. J. Burnett against Postal Telegraph Cable Co. From judgment for plaintiff, defendant appeals. cites: Defendant having entered by permission, action for trespass does not lie: 32 S. C., 429; 1 Add. on Torts, 18 Ency., 1182, 34; 33 S. C., 175; 58 S. C., 532. Jury must take law from Court: 16 S. C., 2; 68 S. C., 523. Plaintiff must return consideration before he can sue: 56 S. C., 508. cite: What misrepresentations constitute fraud…
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Before Townsend, J., Spartanburg, Action by T. J. Burnett against Postal Telegraph Cable Co. From judgment for plaintiff, defendant appeals. cites: Defendant having entered by permission, action for trespass does not lie: 32 S. C., 429; 1 Add. on Torts, 18 Ency., 1182, 34; 33 S. C., 175; 58 S. C., 532. Jury must take law from Court: 16 S. C., 2; 68 S. C., 523. Plaintiff must return consideration before he can sue: 56 S. C., 508. cite: What misrepresentations constitute fraud or are the' basis of an inference of fraud: 14 Ency., 33, 47. The trespass, if any, was a mistake, and defendant is not…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff brought this action against defendant company for damages for an alleged reck less and wanton trespass upon his land in the construction of its telegraph lines over same. The defendant, in its answer, alleged a written permit to enter and construct said lines, and that the lines were constructed with care and due regard to the rights of plaintiff and within the limits of the permit. The plaintiff, by its testimony, among other things, sought to show that the alleged permit was obtained by false and fraudulent…
2Cases cited1 opinion
- Levister v. Southern Ry. Co.Supreme Court of South Carolina · 1900
3Cited by6 opinions
- Baldwin v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1907
- Hamilton Ridge Lumber Corp. v. Boston InsuranceSupreme Court of South Carolina · 1925
- Faris v. American Telephone & Telegraph Co.Supreme Court of South Carolina · 1909
- Groce v. Greenville, Spartanburg & Anderson Ry. Co.Supreme Court of South Carolina · 1913
- Fass v. Liverpool, London & Globe Fire Ins.Supreme Court of South Carolina · 1916
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