Legal Opinion

Wilson Lumber Co. v. D. W. Alderman & Sons Co.

Supreme Court of South Carolina

Decided October 15, 1906PublishedCited by 2 opinions

Before Watts, J., Florence, Fall Term, 1905. Action by Wilson Lumber Co. v. D. W. Alderman & Sons Co., J. F. Cole and H. P. Jordan. Fromi judgment for plaintiff, defendants appeal. cite: 64 S. C'., 491; 66 S. C., 544; 8 Ency., 544, 542; 61 S. C., 185; 65 S. C., 127; 69 S. C., 115, 164; 1 Am. Neg. R„ 16. cite: 60> S. C., 57; 57 S. C., 234; 35 S. C.. 475; 64 S. C.. 494; 69 S'. C.. 332 .

1Opinion of the Court

The opinion of the Court was de-. livered by

Mr. Justice Jones.

The complaint in this action alleged a wilful tort by the defendants in destroying a section of railroad track on the land of Maggie Jones, in Florence County, whereby a number of plaintiff’s cars were thrown from the track and wrecked with their contents o;f freight, and endangering the lives of the railroad crew, to> plaintiff’s damage $50',000. The defendants interposed as a defense that the rails and ties were removed without any intention'to injure plaintiff, but for the sole purpose of removing an unlawful obstruction on the…

2Cases cited4 opinions

  1. Proctor v. Southern Ry.Supreme Court of South Carolina · 1901
  2. Dagnall v. Southern Ry.Supreme Court of South Carolina · 1904
  3. Chiles v. Southern RailwaySupreme Court of South Carolina · 1904
  4. Griffin v. Southern Ry.Supreme Court of South Carolina · 1903

3Cited by2 opinions

  1. Greer v. Western Union Telegraph Co.Supreme Court of South Carolina · 1916
  2. Martin v. Southern Ry.Supreme Court of South Carolina · 1911

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