Legal Opinion

Atlanta & C. A. L. Ry. Co. v. City of Easley

Supreme Court of South Carolina

Decided October 10, 1921No. 10738PublishedCited by 5 opinions

Before DeVorE, J., Pickens, September,' 1920. Action by Atlanta & Charlotte Air Line Railway Company et al. against the City of Easley et al. Judgment for plaintiffs and the defendants appeal.

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Before DeVorE, J., Pickens, September,' 1920. Action by Atlanta & Charlotte Air Line Railway Company et al. against the City of Easley et al. Judgment for plaintiffs and the defendants appeal. Following is the decree of the Court below: This is an action to enjoin the collection of assessments for street improvement in the city of Easley, S. C., levied against the property of the plaintiffs, Atlanta & Charlotte Air Line Railway Company and its lessee, Southern Railway Company. When the action was filed the Director General of Railroads was in possession and control of said railroads, and w'as…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

■ This is an action seeking to restrain the- City of Easley from collecting from the railway company certain assessments against abutting property for street improvements. The case was tried by Judge DeVore, who filed a decree in favor of plaintiffs’ respondents, on January 10, 1920. Appellants appeal, and by exceptions, 20 in number, seek reversal.

The decree of Judge DeVore shouid be set out in the report of the case. The exceptions challenge the finding of his Honor in favor of the railroad’s contention:

“(1) That the land occupied…

2Cases cited12 opinions

  1. Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
  2. Branson v. BushSupreme Court of the United States · 1920
  3. Hancock v. City of MuskogeeSupreme Court of the United States · 1919
  4. Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
  5. Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Robinson v. AskewSupreme Court of South Carolina · 1924
  2. Williams v. Atlantic Coast Line R.Court of Appeals for the Fourth Circuit · 1927
  3. Phillips Co. v. Southern Pacific Rail Corp.District Court, D. Colorado · 1995
  4. City of Orangeburg v. Southern Ry. Co.District Court, E.D. South Carolina · 1944
  5. Jennings v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1950

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