Northwestern R. R. v. Colclough
Supreme Court of South Carolina
Before Wilson, J., Clarendon, Action by Northwestern Railroad Company of South Carolina against S. M. Colclough. Prom refusal to grant restraining order against plaintiff, defendant appeals. cites: Defendant cannot be ousted of possession by temporary restraining order: 144 U. S., 119 ; 4 S. C., 388 ; 27 S. C., 408. Court alone can try the title: 59 S. C., 371; 63 S. C., 348; 69 S, C., 481; 72 S. C., 381. cite: A railroad company cannot alienate any part of its right of way:…
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Before Wilson, J., Clarendon, Action by Northwestern Railroad Company of South Carolina against S. M. Colclough. Prom refusal to grant restraining order against plaintiff, defendant appeals. cites: Defendant cannot be ousted of possession by temporary restraining order: 144 U. S., 119 ; 4 S. C., 388 ; 27 S. C., 408. Court alone can try the title: 59 S. C., 371; 63 S. C., 348; 69 S, C., 481; 72 S. C., 381. cite: A railroad company cannot alienate any part of its right of way: 86 Col., 279; 91 U. S-, 454; 171 U. S., 261. Use of track is an assertion of right to ■full width of way: 64 Pac., 56;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The complaint alleges, in substance, that the plaintiff is the owner of a right of way through the land described in the complaint, extending one hundred feet on each side from the centre of its roadbed; that the defendant, within the past two years, with notice of the plaintiff’s rights, and without its consent, erected a fence thereon, within twenty-five feet of the roadbed, and certain houses-, which are enclosed by the fence; that the same are of a permanent nature; that the defendant is using and occupying them, claiming to be…
2Cases cited3 opinions
- Pelzer, Rodgers & Co. v. HughesSupreme Court of South Carolina · 1887
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- Seabrook v. MostowitzSupreme Court of South Carolina · 1898
3Cited by8 opinions
- Lentz v. Carolina Scenic Coach LinesSupreme Court of South Carolina · 1946
- Northwestern Railroad v. ColcloughSupreme Court of South Carolina · 1911
- Pruett v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Cooke v. State Highway DepartmentSupreme Court of South Carolina · 1930
- Spires v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1912
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