Legal Opinion

Thomas v. Spartanburg Ry., Gas & Electric Co.

Supreme Court of South Carolina

Decided March 29, 1917No. 9665PublishedCited by 3 opinions

Before Seasf, J., Spartanburg, Action by A. J. Thomas and others against the Spartan-burg Railway, Gas & Electric Company and another. From an order allowing plaintiffs to examine as witnesses officers of the unnamed defendant, and an order settling the “case,” defendants appeal. cite: As to discovery: Code Civ. Proc., secs. 429 and 430 ; 40 S. C. 393, 400; 24 S. C. 558; 14 Cyc. 342, 346, 347, 348. 'Appeal lies: Code Civ. Proc., sec. 11 s. d.

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Before Seasf, J., Spartanburg, Action by A. J. Thomas and others against the Spartan-burg Railway, Gas & Electric Company and another. From an order allowing plaintiffs to examine as witnesses officers of the unnamed defendant, and an order settling the “case,” defendants appeal. cite: As to discovery: Code Civ. Proc., secs. 429 and 430 ; 40 S. C. 393, 400; 24 S. C. 558; 14 Cyc. 342, 346, 347, 348. 'Appeal lies: Code Civ. Proc., sec. 11 s. d. D.; 101 S. C. 191. cite: 89 S. C. 579; 98 S. C. 196.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Plaintiffs brought this action to recover of defendants the penalties provided by statute (sections 3949, 3950, vol. I, Civ. Code 1912) for failure of defendants to provide their cars with fenders, and alleged, inter alia, that the defendant, Spartanburg Railway, Gas & Electric Company, became liable for the penalties from February 23, 1910, the date the statute became effective, until the latter part of 1912, when the defendant, the South Carolina Light, Power & Railways Company, “obtained all or a part of the stock of the said…

2Cases cited1 opinion

  1. Jenkins v. BennettSupreme Court of South Carolina · 1894

3Cited by3 opinions

  1. Fox v. Clifton Mfg. Co.Supreme Court of South Carolina · 1922
  2. Bradley v. Southern Weaving Co.Supreme Court of South Carolina · 1953
  3. Fox v. Clifton Mfg. Co.Supreme Court of South Carolina · 1922

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