Thomas v. Spartanburg Ry., Gas & Electric Co.
Supreme Court of South Carolina
Before Shipp, J., Spartanburg, Spring term, 1914. Action by A. J. Thomas against Spartanburg Railway, Gas & Electric Company and South Carolina Eight, Power & Railways Company. From an order sustaining a demurrer and dismissing complaint, the plaintiff appeals. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This action was brought to recover the penalties provided in section 3949 of the Civil Code for the failure of defendant to provide its cars with fenders, as required by section 3950.
• By demurrer to the complaint, defendant attacked the constitutionality of the statute on two grounds: 1. That it denies to it the equal protection of the laws; and, 2. That it contravenes subdivision 9 of section 34 of article III of the Constitution, which provides that “where a general law can be made applicable, no special law shall be enacted.”…
2Cases cited9 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Miller v. WilsonSupreme Court of the United States · 1915
- Big Vein Coal Co. of W. Va. v. ReadSupreme Court of the United States · 1913
- Barrett v. IndianaSupreme Court of the United States · 1913
- State v. HammondSupreme Court of South Carolina · 1903
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3Cited by21 opinions
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