Legal Opinion

Foreman v. Augusta-Aiken Ry.

Supreme Court of South Carolina

Decided January 31, 1921No. 10562PublishedCited by 2 opinions

Before Bowman, J., Aiken, Spring term, 1920. Action by T. L. Foreman against Augusta-Aiken Railway and Electric Corporation. From judgment for defendant, the plaintiff appeals. The exceptions directed to be reported were as follows: (3) The Court erred, it is respectfully submitted, in ruling out the question asked by appellant of the defendant’s superintendent of construction work, as follows: Q. You know that Elroy Smith is an engineer? A. Yes, sir.

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Before Bowman, J., Aiken, Spring term, 1920. Action by T. L. Foreman against Augusta-Aiken Railway and Electric Corporation. From judgment for defendant, the plaintiff appeals. The exceptions directed to be reported were as follows: (3) The Court erred, it is respectfully submitted, in ruling out the question asked by appellant of the defendant’s superintendent of construction work, as follows: Q. You know that Elroy Smith is an engineer? A. Yes, sir. Q. Did he, or not, advise you or your company, to your knowledge now, that the bank should be done away with and the track lowered, in order to…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Gary.

This is an action for damages alleged to have been sustained by the plaintiff through the wrongful acts of the defendant, on account of the undermining of his house and lot by flood waters of the Savannah River, which broke through the railroad embankment of the defendant, ranging in height from 2 to 6 feet, and about fifty feet in front of his property. The jury rendered a verdict in favor of the defendant, and the plaintiff appealed upon exceptions which will be reported, except the first and second, which were abandoned.

1 His…

2Cases cited3 opinions

  1. Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
  2. Privett v. Wilmington, Columbia & Augusta R. R.Supreme Court of South Carolina · 1899
  3. Delaney v. Railway CompanySupreme Court of South Carolina · 1900

3Cited by2 opinions

  1. Standard Warehouse Co. v. Atlantic Coast Line R.Supreme Court of South Carolina · 1952
  2. Duncan v. PearsonCourt of Appeals for the Fourth Circuit · 1943

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