Legal Opinion

Steamboat Co. v. Railroad Co.

Supreme Court of South Carolina

Decided April 6, 1889PublishedCited by 19 opinions

Before Hudson] J., Richland, July, 1888. This was an action by the South Carolina Steamboat Company against the South Carolina Railway Company. The judge sustained an oral demurrer to the complaint in the following order: The motion before me is one to dismiss this complaint because it does not state facts sufficient to constitute a cause of action.

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Before Hudson] J., Richland, July, 1888. This was an action by the South Carolina Steamboat Company against the South Carolina Railway Company. The judge sustained an oral demurrer to the complaint in the following order: The motion before me is one to dismiss this complaint because it does not state facts sufficient to constitute a cause of action. These motions I have been in the habit of regarding as standing on the same footing as motions for non-suit, and not to constitute any part of the pleadings; no pleadings are known to the code except written pleadings. Demurrer must be in writing;…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

This was an action to recover dam*544ages for the obstruction of a navigable stream, and as the only question raised by the appeal is whether sufficient facts are stated in the complaint to constitute a cause of action, it will be necessary to make a condensed statement of the allegations found in the complaint. After stating the corporate character of both plaintiffs and defendants, the allegations are that the plaintiffs are engaged in the transportation of passengers and freight on the rivers and waters of this State by means of…

2Cited by19 opinions

  1. Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
  2. Brown v. HendricksSupreme Court of South Carolina · 1947
  3. Carolina Power & Light Co. v. South Carolina Public Service AuthorityCourt of Appeals for the Fourth Circuit · 1938
  4. Sullivan v. American Mfg. Co. of MassachusettsCourt of Appeals for the Fourth Circuit · 1929
  5. Carmichael v. City of TexarkanaU.S. Circuit Court for the District of Western Arkansas · 1899

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