Mason v. Postal Telegraph Cable Co.
Supreme Court of South Carolina
Before Townsend, J., Spartanburg, Action by Lucinda Mason and Lizzie Mason against Postal Telegraph Cable Co. From judgment for plaintiff, defendant appeals. cites: New trial should be granted when jury disregard instructions of Court: 16 S. C., 14; 68 S. C., 523. If party is induced to make contract by fraud, he may repudiate it and return consideration: 56 S. C., 508. Party entering under permission is not trespasser: 32 S. C., 410; 56 S. C., 508. same citations as in…
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Before Townsend, J., Spartanburg, Action by Lucinda Mason and Lizzie Mason against Postal Telegraph Cable Co. From judgment for plaintiff, defendant appeals. cites: New trial should be granted when jury disregard instructions of Court: 16 S. C., 14; 68 S. C., 523. If party is induced to make contract by fraud, he may repudiate it and return consideration: 56 S. C., 508. Party entering under permission is not trespasser: 32 S. C., 410; 56 S. C., 508. same citations as in Burnett case.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiffs, as cotenants, brought this action against the defendant company for wilful trespass upon their lands in the construction of its telegraph lines upon the same. The main defense was a written permit or license granting right to the defendant to construct and maintain its lines upon said premises. The jury rendered a verdict for plaintiffs and defendant appeals from the judgment thereon.
The first question presented is whether the Circuit Court erred in refusing a motion for a new trial. It is error of law to refuse to…
2Cited by2 opinions
- Williams v. BrutonSupreme Court of South Carolina · 1922
- Voyles v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1907