McCandless v. Richmond, Railroad
Supreme Court of South Carolina
Before Kershaw, J., Chester, March, 1891. This was an action by Mary McCandless against the Richmond and Danville Railroad Company, commenced February 3, 1891, to recover damages for wood, timber, &c., of plaintiff, burned in July, 1890, by a fire which originated in a spark from one of defendant’s engines.
1Opinion of the Court
The opinion of the court was delivered by
Me. Justice Pope.
This action was commenced in the Court of Common Pleas for the county of Chester, in this State, and came on for trial at the March Term, 1891, of said court, before his honor, Judge Kershaw, and a jury. At the trial the plaintiff and defendant submitted to the court the following agreement in writing: “The defendant consents to a verdict herein in the sum of one hundred dollars in favor of the plaintiff, provided that the court should determine that section 1511 of the General Statutes is constitutional, it being admitted that the…
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