Cureton v. South Bound R. R.
Supreme Court of South Carolina
Before Townsend, J., Kershaw, September, 1900. Action by Josephine E. Cureton and her co-remaindermen against South Bound Railroad Co. for compensation for right of way. From order overruling demurrer, defendant appeals. cite: Party in- possession could consent-to -entry: 38 S. C., 34; 21 S. C., 431. Plaintiffs should have proceeded under the statute: Rev. Stat., 1743, 1744; 15 S. C., 384; 5 Rich., 597; 11 Rich., 245; 1 Am.
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Before Townsend, J., Kershaw, September, 1900. Action by Josephine E. Cureton and her co-remaindermen against South Bound Railroad Co. for compensation for right of way. From order overruling demurrer, defendant appeals. cite: Party in- possession could consent-to -entry: 38 S. C., 34; 21 S. C., 431. Plaintiffs should have proceeded under the statute: Rev. Stat., 1743, 1744; 15 S. C., 384; 5 Rich., 597; 11 Rich., 245; 1 Am. R. Cases, 163; 11 Mass., 364; 12 Mass., 446; 4 Wend., 667; 28 S. C., 388. Defendant not being a trespasser, this action cannot be maintained: 58 S. C., 532. The former…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
As the appeal herein is from an order overruling a demurrer to the complaint, it will be necessary to refer to the allegations thereof, which are as follows : 1. The first paragraph merely alleges the corporate existence of the defendant. “2. That on- or about August 19, 1899, ^ie defendant served upon the plaintiffs herein (except Josephine E. Cureton) a written notice, of which the following is a copy: ‘South Carolina — Kershaw County. Ex parte the South Bound Railway Co. Take notice that the South Bound Railway Co. will require a…
2Cited by17 opinions
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- Seabrook v. Carolina Power & Light Co.Supreme Court of South Carolina · 1930
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