Legal Opinion

Southern Railway v. Gossett

Supreme Court of South Carolina

Decided March 18, 1908No. 6810PublishedCited by 12 opinions

Before Gary, J., Anderson, Action by Southern Railway against Jamies P. Gossett. From judgment for plaintiff, defendant appeals, on the following exceptions: 1. “Excepts because 'his Honor, the Circuit Judge, allowed the plaintiff’s witness, H. A. Wiliams, to answer over the obj ection of defendant, the following question: Do you know what is being done with the right of way noiw ? It being stated by plaintiff’s attorney that the object of the question was to show there bad…

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Before Gary, J., Anderson, Action by Southern Railway against Jamies P. Gossett. From judgment for plaintiff, defendant appeals, on the following exceptions: 1. “Excepts because 'his Honor, the Circuit Judge, allowed the plaintiff’s witness, H. A. Wiliams, to answer over the obj ection of defendant, the following question: Do you know what is being done with the right of way noiw ? It being stated by plaintiff’s attorney that the object of the question was to show there bad never been an abandonment. It was error to show any act of plaintiff after the ’commencement of this action, as to any…

1Opinion of the Court

The opinion of the 'Court was delivered by

Mr. Justice Gary.

The facts1 are thus stated in the decree of his Honor, the Circuit Judge:

“This is .an1 action om the equity side of the court, brought to require defendant to remove a fence off thie right of way of plaintiff, which is a corporation1 operating a railroad between the cities of Columbia and Greenville, in the State of South Carolina, and known formerly as the Columbia and Greenville Railroad. Counsel agreed upon the following issues, which were submitted oot of Chancery, to1 a jury, viz.:

1. “Is the fence erected by defendant, on or…

2Cases cited4 opinions

  1. Norris v. ClinkscalesSupreme Court of South Carolina · 1896
  2. Southern Ry. v. BeaudrotSupreme Court of South Carolina · 1902
  3. Harman v. Southern Ry.Supreme Court of South Carolina · 1905
  4. McClellan v. TaylorSupreme Court of South Carolina · 1899

3Cited by12 opinions

  1. Black v. Jefferson Standard Life Ins. Co.Supreme Court of South Carolina · 1933
  2. Atlantic Coast Line Railroad v. SearsonSupreme Court of South Carolina · 1926
  3. Mortgage Loan Co. v. TownsendSupreme Court of South Carolina · 1930
  4. Dulin v. Ohio River RailroadWest Virginia Supreme Court · 1913
  5. Mayfield v. Southern Ry.—Carolina DivisionSupreme Court of South Carolina · 1910

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