Legal Opinion

Moragne v. Charleston & Western Carolina Ry. Co.

Supreme Court of South Carolina

Decided July 27, 1907No. 6606PublishedCited by 4 opinions

Action by J. P. Moragne against Charleston and Western Carolina Ry Co. From judgment for defendant, plaintiff appeals. cites: 15 Ency., 353; 7 Rich. E., 393; 11 S. C., 361; Code, 1903, 3183. cites: 63 S. C., 494; Code, 1903, 3183; 53 S. C., 118; 75 S. C., 455; 35 A. & E. R. R. Cas., 393.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Pope.

Plaintiff, T. P. Moragne, brought this action against the defendant railway company to recover damages for injury to a mule alleged to have been caused by a defective crossing on its road. Defendant denied its liability on the ground that the road was a private way and not such a crossing as it was required by law to keep up. The facts are as follows: Some time after the road was built defendant established the crossing in question. The road leads from plaintiff’s home across the railroad to the public road and certain farm…

2Cases cited2 opinions

  1. Kirby v. Southern Ry.Supreme Court of South Carolina · 1902
  2. State v. TylerSupreme Court of South Carolina · 1899

3Cited by4 opinions

  1. Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1998
  2. Miller v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1913
  3. State v. RodmanSupreme Court of South Carolina · 1910
  4. Whitner v. Southern Railway Co.Supreme Court of South Carolina · 1915

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