South Carolina Western Railway v. Ellen
Supreme Court of South Carolina
Before Rice, J., Lee, -, 1912. Proceeding to condemn right of way by South Carolina Western Railway against John PI. Ellen. Defendant appeals from Circuit judgment.
Read the full summary
Before Rice, J., Lee, -, 1912. Proceeding to condemn right of way by South Carolina Western Railway against John PI. Ellen. Defendant appeals from Circuit judgment. This case was argued in the Supreme Court at the November term, 1912, but ordered re-argued before the Court en Banc on the —• day of June, 1913. cite: Does the statute fully meet the constitutional requirement? 57 S. C. 317; 58 S. C. 563; 85 S. C. 172; Con. 1868, art. 12, sec. 3; Con. 1895, art. IX, sec. 20; 51 Am. & Eng. R. R. Cas. 669; 4 Rap. & Mack’s Dig. Ry. Law, 605; 33 S. C. 483; 59 S. C. 371; Code 1912, 3295; 5 Rich. Eq.…
1Opinion of the Court
The opinion of the Court was delivered -by
Mr. Justice Hydrick.
Sections 20 and 21 of Article IX of the Constitution are as follows:
Section 20. “No right of way shall be appropriated to the use of any corporation until full compensation therefor shall be first made to the owner or secured by a deposit of money, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
Section 21. “The General Assembly shall enforce the provisions of this article by…
2Cases cited10 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Charleston & Western Car. Ry. Co. v. ReynoldsSupreme Court of South Carolina · 1904
- Columbia Water Power Co. v. NunamakerSupreme Court of South Carolina · 1906
- Georgia, Railway Co. v. RidlehuberSupreme Court of South Carolina · 1893
- Atlantic Coast Line R. R. v. South Bound R. R.Supreme Court of South Carolina · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Duke Power Co. v. South Carolina Public Service CommissionSupreme Court of South Carolina · 1985
- State ex rel. Johnson v. Consumers Public Power DistrictNebraska Supreme Court · 1943
- Haig v. Wateree Power Co.Supreme Court of South Carolina · 1922
- Sheriff v. City of EasleySupreme Court of South Carolina · 1936
- Paris Mountain Water Co. v. City of GreenvilleSupreme Court of South Carolina · 1918
10 more not listed; retrieve them via the Exa API.