Lockhart Power Co. v. Askew
Supreme Court of South Carolina
Before SeasE, J., Union, Spring term, 1917. Proceeding by the Lockhart Power Company against J. V. Askew to condemn land. Prom a judgment fixing the compensation, petitioner appeals.
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Before SeasE, J., Union, Spring term, 1917. Proceeding by the Lockhart Power Company against J. V. Askew to condemn land. Prom a judgment fixing the compensation, petitioner appeals. The parts of the charge referred to in the opinion are as follows: I charge you, gentlemen, that according to the course that the case has taken, and according to the evidence that has come out, the ruling of the Court, that is as to the 16-foot dam, the defendant, whatever your verdict is, bars him from any other action, whether it is based upon the negligence of the Lockhart Power Company or not. That is the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is a proceeding in condemnation, under section 3292, et seq., vol. I, Civil Code 1912, which provides for the condemnation of rights of way for railroads, but the legislature authorized the .petitioner to condemn property for its purposes under the provisions of those sections. Act February 26, 1912 (27 St. at Large, p. 785). The proceeding was brought to ascertain the amount of compensation to be paid by petitioner to respondent for the taking of about 24 acres of bottom lands by overflowing the same by the construction of a…
2Cases cited1 opinion
- Green v. Catawba Power Co.Supreme Court of South Carolina · 1904
3Cited by15 opinions
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- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- Ford v. A. A. A. Highway Express, Inc.Supreme Court of South Carolina · 1944
- Shramek v. WalkerSupreme Court of South Carolina · 1929
- J. Abe Hilton v. Duke Power Company, a Corporation Organized and Existing Under the Laws of One of the States of the UnionCourt of Appeals for the Fourth Circuit · 1958
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