Legal Opinion

Atlantic Coast Line R. v. Dawes

Supreme Court of South Carolina

Decided March 9, 1916No. 9321PublishedCited by 1 opinion

Before Mauldin, J., Sumter, July, 1915. Action by the Atlantic. Coast Line Railroad Company against Mary A. Dawes. Judgment for defendant, and plaintiff appeals. Messrs.

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Before Mauldin, J., Sumter, July, 1915. Action by the Atlantic. Coast Line Railroad Company against Mary A. Dawes. Judgment for defendant, and plaintiff appeals. Messrs. Purdy & Bland cite: Charter: 11 Stats. 388, 389. Presence of track: 67 S. C. 507. Evidence as to plat: 79 S. C. 253. Objection on new trial: 100 S. C. 483. submit: 1. There was evidence of adverse possession; 2. Burden of proving there was no contract was on plaintiff; 3. The existence of a contract was a question for the jury; 4. Plaintiff must show consent before it can invade yard.

1Opinion of the Court

March 9, 1916. The opinion of the Court was delivered by This is the second appeal in this case. The case is reported in 100 S.C. 258, 84 S.E. 830. The case was tried the second time before Judge Mauldin and a jury at the July term of Court, 1915, for Sumter county. At the conclusion of the testimony, plaintiff moved for a directed verdict, on the grounds set out in the record, this motion was refused, and the case submitted to the jury, and a verdict returned by them in favor of the defendant. A motion for a new trial was made and refused. After entry of judgment, plaintiff appeals, and…

2Cases cited1 opinion

  1. Atlantic Coast Line R. R. v. DawesSupreme Court of South Carolina · 1915

3Cited by1 opinion

  1. Town of Ninety Six v. Southern Railway CompanyCourt of Appeals for the Fourth Circuit · 1959

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