Legal Opinion

Cartin v. South Bound Railroad

Supreme Court of South Carolina

Decided February 23, 1895PublishedCited by 16 opinions

Before Benet, J., Lexington, September, 1894. Action by Jane A. O. Cartin against the South Bound Railroad Company, commenced in August, 1894.

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Gary.

The plaintiff executed to the defendant a deed by which she conveyed to said defendant a right of way three hundred feet wide over her lands, “for the purpose of building a railroad over the same. Such right of way to be over said lands in such shape and direction as the said railroad company, its successors or assigns, may select, but so as not to interfere with my dwelling, barn or any other outbuilding, and not nearer than four hundred yards to my dwelling. But if said railroad company should find it necessary to run its road nearer…

2Cases cited1 opinion

  1. Hale v. FinchSupreme Court of the United States · 1881

3Cited by16 opinions

  1. Welborn v. DixonSupreme Court of South Carolina · 1904
  2. Tiger River Pine Co. v. Maryland Casualty Co.Supreme Court of South Carolina · 1931
  3. Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
  4. Williams v. Philadelphia Life Ins. Co.Supreme Court of South Carolina · 1916
  5. Mikell v. McCreery-pressley Co.Supreme Court of South Carolina · 1916

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