Harmon v. Columbia & Greenville Railroad
Supreme Court of South Carolina
The appeal in this case was from the following order: That case of the Chester Bank against the railroad was heard before me, and this same question to some extent was argued, and I had some distinct views on it at that time.
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The appeal in this case was from the following order: That case of the Chester Bank against the railroad was heard before me, and this same question to some extent was argued, and I had some distinct views on it at that time. The argument amounts to this, that when the State charters a railroad company, and the railroad company accepts the charter, that charter is a stipulation, a contract between the parties; that contract the railroad company has no right to transfer to another and thus relieve itself from responsibility, unless in the contract itself there are terms which authorize such…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This was an action brought by the plaintiff to recover damages for the alleged killing of certain of his cattle by the negligence of the defendant company in running its trains. There was some testimony of a very indefinite character tending to show that the defendant company had leased its road to the Richmond & Danville Railroad Company, which latter company was operating the road at the time of the alleged killing of the plaintiff’s cattle. The Circuit Judge granted a motion for non-suit upon the ground that after the lease of the…
2Cited by21 opinions
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- State Ex Rel. Daniel v. Broad River Power Co.Supreme Court of South Carolina · 1929
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