Boyd v. Winnsboro Granite Co.
Supreme Court of South Carolina
Action by Jas. W. Boyd against The Winnsboro Granite Co. From order sustaining demurrer to complaint, plaintiff appeals. Mr. Hanahan cites: As to right of eminent domain: Mills on Em. Dom., 1; 22 Am. Dec., 695; 38 Am. Dec., 417; 138 N. Y., 408; Rand, on Em. Dom., sec. 56; 3 Bay, 56; 1 N. & McC., 391; 3 N. & McC., 538; 4 McC., 77; Rice, 397; Blacks Con. of Laws, 3 ed., 403; Sed.
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Action by Jas. W. Boyd against The Winnsboro Granite Co. From order sustaining demurrer to complaint, plaintiff appeals. Mr. Hanahan cites: As to right of eminent domain: Mills on Em. Dom., 1; 22 Am. Dec., 695; 38 Am. Dec., 417; 138 N. Y., 408; Rand, on Em. Dom., sec. 56; 3 Bay, 56; 1 N. & McC., 391; 3 N. & McC., 538; 4 McC., 77; Rice, 397; Blacks Con. of Laws, 3 ed., 403; Sed. St. and Con. of Laws, ed. 1874, 447; Bran, on 14th Amend., 163; Guthrie on 14th Amend., 89; 166 U. S., 336; 40 Am. Dec., 374. Private property cannot be taken for private use: Con., art. I., sec. 17; 33 Am. Dec., 685;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Statement of facts.- — This is an appeal from.an order sustaining a demurrer to the complaint. The following statement is set out in the record:
“This case came before Judge Chas. G. Dantzler at the February (1903) term of the Court of Common Pleas for Fairfield County, and is an action to recover the possession of a strip of land belonging to plaintiff, which the defendant wrongfully took- from him for the purpose of constructing thereon a railroad for its own private use; and also for the recovery of damages to land belonging to…
2Cited by11 opinions
- Gasque v. Town of ConwaySupreme Court of South Carolina · 1940
- Edens v. City of ColumbiaSupreme Court of South Carolina · 1956
- Riley v. Charleston Union Station Co.Supreme Court of South Carolina · 1905
- Bookhart v. Central Electric Power Cooperative, Inc.Supreme Court of South Carolina · 1951
- Collins v. CITY OF GREENVILLE, SCSupreme Court of South Carolina · 1958
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