Lorick & Lowrance v. Southern Ry.
Supreme Court of South Carolina
Before Memminger, J., Richland, November, 1909. Action by Eorick & Eowrance against Southern Railway. From judgment for defendant, plaintiff appeals. cite: Nonuse for tzventy years defeats right: 12 S. E., 917; 14 Cyc., 1186; 6 Rich. E., 403; 22 S. C., 547. Evidence shows an abandonment: 6 S. C.,- 212; Wash, on Eas., sec. 717; 1 Chest. R., sec. 363; Jones v. Van Boehne, 103 Mich. cite: Mere nonuser will not defeat right of way: Tiedeman on.
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Before Memminger, J., Richland, November, 1909. Action by Eorick & Eowrance against Southern Railway. From judgment for defendant, plaintiff appeals. cite: Nonuse for tzventy years defeats right: 12 S. E., 917; 14 Cyc., 1186; 6 Rich. E., 403; 22 S. C., 547. Evidence shows an abandonment: 6 S. C.,- 212; Wash, on Eas., sec. 717; 1 Chest. R., sec. 363; Jones v. Van Boehne, 103 Mich. cite: Mere nonuser will not defeat right of way: Tiedeman on. Real Prop., sec. 605; Goddard on Eas., 464; 2 Ell. on R. R., sec. 981; 38 Cyc., 222; 23 Ency., 705; 220 Ill., 469; 73 Kan., 565; 156 N. Y., 484; 24 Pick.,…
1Opinion of the Court
T'he opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff being the owner of a square of land in the city of Columbia containing four acres, bounded by Rice, Bull, Marion and Tobacco streets, brought this action’to enjoin the Southern Railway Company from using an old right of way across the land on the ground that the right to the easement had been abandoned and lost by nonuser. . The issue submitted to the jury wasi, “Whether at the time of the commencement of this action the Southern Railway Company was entitled to a right of way over the four-acres of land described in the…
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