Legal Opinion

Stewart v. Walterboro & Western Ry. Co.

Supreme Court of South Carolina

Decided April 21, 1902PublishedCited by 4 opinions

Before Watts, J., Colleton, November, 1900. Action by Ben' Stewart, administrator of Lisbon Stewart, against Walterbo-ro and Western Railway Co. From order dismissing complaint, plaintiff appeals. cite: Consolidation of the two companies does not dissolve ■either: Rev. S.tat., 1615-1622; 4 Ency., 272, and note 2; 92 U. S., 670; 16 Ind., 172; 98 U. S., 359; 29 Ind., 465; 75 111., 624; 49 Ala., 582; 14 Pet., 46; 120 Mass., 397; 44 S. C., 526. Plaintiff should have been…

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Before Watts, J., Colleton, November, 1900. Action by Ben' Stewart, administrator of Lisbon Stewart, against Walterbo-ro and Western Railway Co. From order dismissing complaint, plaintiff appeals. cite: Consolidation of the two companies does not dissolve ■either: Rev. S.tat., 1615-1622; 4 Ency., 272, and note 2; 92 U. S., 670; 16 Ind., 172; 98 U. S., 359; 29 Ind., 465; 75 111., 624; 49 Ala., 582; 14 Pet., 46; 120 Mass., 397; 44 S. C., 526. Plaintiff should have been permitted to amend by making new corporation party defendant: 29 Ind., 465; Code, 194; 13 S. C., 495:35 S. C., 367543 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The appeal herein raises two questions: 1. Whether his Honor, the Circuit Judge, erred in ruling that the defendant, the Walterboro and Western Railway Co., was dissolved upon its consolidation with the Green Pond, Walterboro and Branchville Railway Co., thereby rendering it necessary that the action should be brought against the new consolidated corporation; and 2. Whether there was error in refusing the application for leave to amend.

The complaint alleges that in April, 1897, Lisbon Stewart, the plaintiff’s intestate, was injured,…

2Cases cited1 opinion

  1. Marstaller v. . MillsNew York Court of Appeals · 1894

3Cited by4 opinions

  1. Pickett v. Southern Ry.Supreme Court of South Carolina · 1904
  2. Bonsall v. Piggly Wiggly Helms, Inc.Supreme Court of South Carolina · 1981
  3. Cozart v. BarnesCourt of Appeals for the Fourth Circuit · 1917
  4. State v. MaleckySupreme Court of Iowa · 1926

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