Aull v. Columbia &c. Railroad
Supreme Court of South Carolina
Before Wallace, J., Newberry, November, 1893. This was a proceeding to recover compensation for right of way, instituted by Jacob L. Aull and Elbert H. Aull against the Columbia, Newberry and Laurens Railroad Company.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIver.
On the 5th of June, 1891, the respondents filed their petition, stating, amongst other things, that the appellant had constructed its railway across a lot of land in the town of Newberry, belonging bo petitioners; “and that the said right of way was taken and occupied without the consent of the said owners, and not in the manner provided by law;” and after alleging that the railway had been completed over said land within the period of a year prior to the filing of the petition, and that petitioners had never received any com*432pen…
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