Legal Opinion

Ragsdale v. Southern Ry.

Supreme Court of South Carolina

Decided April 18, 1901PublishedCited by 23 opinions

Before Aldrich, J., Fairfield, spring term, 1900. Action for damages and injunction by Edward B. and Glenn W. Ragsdale against Southern Railway 'Co., Rauren-ce M. Blair and James B. Frazier. From judgment for plaintiffs, the defendant railway company appeals. The latter cite: Under facts here, appellant not liable for rent: 69 Ind., 424; 45 N. Y., 234; 60 N. Y., 242; 13 Hun., 643; 94 N. €., 746; 15 S. C., 70; 19 Conn., 154; 1 Bail., 540; 2 Am. Lead. Ca., 747; 34 La.

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Before Aldrich, J., Fairfield, spring term, 1900. Action for damages and injunction by Edward B. and Glenn W. Ragsdale against Southern Railway 'Co., Rauren-ce M. Blair and James B. Frazier. From judgment for plaintiffs, the defendant railway company appeals. The latter cite: Under facts here, appellant not liable for rent: 69 Ind., 424; 45 N. Y., 234; 60 N. Y., 242; 13 Hun., 643; 94 N. €., 746; 15 S. C., 70; 19 Conn., 154; 1 Bail., 540; 2 Am. Lead. Ca., 747; 34 La. Ann., 624; 1 Md., 553. Brror to charge that rental value could be diminished by competition: 117 Ind., 489; 25 S. 'C., 68.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The complaint herein contains substantially the following allegations: That the plaintiffs are seized in fee of the land therein described, through and over which the railroad formerly belonging to the Spartanburg and Union Railroad Company (operated 'by the appellant since 1894) passes; that the 'Spartanburg and Union Railroad Company acquired under its charter, unto itself and successors, against Wm. Blair, a former owner in fee of said land (under whom and his assigns the plaintiffs claim title), a right of way over said tract of…

2Cited by23 opinions

  1. Martin v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1904
  2. Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1998
  3. Dent v. South Bound R. R.Supreme Court of South Carolina · 1901
  4. Alderman & Sons Co. v. WilsonSupreme Court of South Carolina · 1904
  5. Thornhill v. Davis, Director GeneralSupreme Court of South Carolina · 1922

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