Johnson v. Southern Railway
Supreme Court of South Carolina
Before J. E. McDonald, special Judge, Barnwell, Action by C. T. Johnson against Southern Railway Co. From order of nonsuit, plaintiff appeals. Messrs.
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Before J. E. McDonald, special Judge, Barnwell, Action by C. T. Johnson against Southern Railway Co. From order of nonsuit, plaintiff appeals. Messrs. Davis & Best cite: As to liability for concentrating surface water: 62 S. C., 22. cites: Plaintiff’s remedy was under condemnation statutes: 38 S. C., 308; 59 S. C., 376; 62 S. C., 52. The action is not good at common law for maintcdmng a nuisance: 19 Ency., 1 ed., 862, 923, 924, 925; 23 A. & E. R. R. Cas., 3; 65 Mo., 365; 10 Ohio St., 624; 27 A. & E. R. R. Cas., 415.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Jone;s.
The plaintiff appeals from an order of nonsuit. After alleging the corporate existence of the defendant railway company and that plaintiff is owner of the premises described, the complaint further alleges:
“(3) That on or about the day of December, 1900, the defendant, with force and arms, entered upon the aforesaid lands of the plaintiff, dug up the soil and constructed a side railroad track thereon, connecting its two lines, that is to say, the South Carolina and Georgia with its (defendant’s) main line. And the plaintiff further…
2Cases cited5 opinions
- Wallace v. ColumbiaSupreme Court of South Carolina · 1891
- Brandenberg v. ZeiglerSupreme Court of South Carolina · 1901
- Edwards v. Charlotte, &c., RailroadSupreme Court of South Carolina · 1893
- Cain v. South Bound R. R.Supreme Court of South Carolina · 1901
- Glover v. RemleySupreme Court of South Carolina · 1901
3Cited by10 opinions
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- Belton v. Wateree Power Co.Supreme Court of South Carolina · 1922
- Jones v. South Carolina Power Co.Supreme Court of South Carolina · 1939
- Rivenbark v. A. C. L. R. Co.Supreme Court of South Carolina · 1923
- Williams v. SkipperCourt of Appeals of South Carolina · 1985
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