Hill v. Southern Ry.
Supreme Court of South Carolina
Before Buchanan, J., Union, October term, 1902. Action by Ann E. Hill against Southern Railway. From judgment of nonsuit, plaintiff appeals. cites: As to construction of charter: 44 N. J. Ch., 398; 73 Miss., 330; 20 Or., 60; 22 S. C., 545; 23 Ency., 2 ed., 680b; 17 Ohio, 340; 8 Rich., 177. As to the presumption: 40 S. C., 182; 18 S. C., 141; 31 S. C., 1. As to adverse use: 22 S. C., 547; 31 S. C., 125. As to ruling out conversation: 18 S. C., 494; 1 Green.
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Before Buchanan, J., Union, October term, 1902. Action by Ann E. Hill against Southern Railway. From judgment of nonsuit, plaintiff appeals. cites: As to construction of charter: 44 N. J. Ch., 398; 73 Miss., 330; 20 Or., 60; 22 S. C., 545; 23 Ency., 2 ed., 680b; 17 Ohio, 340; 8 Rich., 177. As to the presumption: 40 S. C., 182; 18 S. C., 141; 31 S. C., 1. As to adverse use: 22 S. C., 547; 31 S. C., 125. As to ruling out conversation: 18 S. C., 494; 1 Green. Ev., sec. 109; 46 S. C., 95. cites: As to interpretation of clmrter as to location: 1 Lew. on Em. Dom., secs. 255, 257; Pierce on R. R.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from an order of nonsuit. The complaint alleges that the plaintiff is the owner and in the exclusive and peaceable possession of a certain lot of land in the town of Union, containing one and one-half acres, situate within a quarter of a mile of the court house and within the original limits of said town, as shown by the charter of 1837. That the defendant, on the 15th day of November, 1898, and on divers other days, wrongfully, unlawfully, wilfully and maliciously, and against the consent and written objection of the…
2Cases cited1 opinion
- Southern Ry. v. BeaudrotSupreme Court of South Carolina · 1902
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