State Ex Rel. Daniel v. Broad River Power Co.

(dissenting) : This is a proceeding in the original jurisdiction of this Court for a writ of mandamus, to require the respondents to resume and continue the operation of the electric street railway system in the City of Columbia, the operation of which has been discontinued since March 11, 1927.

The history of the litigation is succinctly stated in the report of the special referee, to whom all issues of law and fact were referred by an order of this Court, dated January 11, 1928.

After taking a mass of evidence, the special referee filed an elaborate report, dated August 16, 1928, in which he…