Greenville & Columbia Railroad v. Partlow
Court of Appeals of South Carolina
Before Withers, J., at Abbeville, Spring Term, 1853. The commissioners appointed in this case under the charter of the company (11 Stat. 327,) assessed the amount of compensation to be paid to the land-owner, Partlow, at •$2300. The company appealed, and the jury reduced the assessment to $1000. An appeal was taken to the Court of Appeals, and a new trial granted (see 5 Rich. 428:) and finally, by a verdict taken by consent, the amount of compensation was fixed at $500. The…
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Before Withers, J., at Abbeville, Spring Term, 1853. The commissioners appointed in this case under the charter of the company (11 Stat. 327,) assessed the amount of compensation to be paid to the land-owner, Partlow, at •$2300. The company appealed, and the jury reduced the assessment to $1000. An appeal was taken to the Court of Appeals, and a new trial granted (see 5 Rich. 428:) and finally, by a verdict taken by consent, the amount of compensation was fixed at $500. The clerk having taxed the costs against the company, Jones moved, that the taxation be set aside, because the company,…
1Opinion of the Court
The opinion of the Court was delivered by
WaRdlaw, J.
By the Act chartering this company, (1845, II Stat. 327, Sec. 10, 11,) the company is authorized to take any land, that may he required by it in the execution of the purposes for which it was chartered, — subject to the duty of making compensation to the land-owner: if there cannot be agreement between the company and the land-owner as to the amount of compensation, either of them may apply to the Court for the appointment of commissioners to assess the compensation, or (as it is expressed,) make valuation of the land required by the company…
2Cases cited1 opinion
- Bates v. LoomisNew York Supreme Court · 1830
3Cited by2 opinions
- Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1998
- Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1989