Legal Opinion

State v. Rodman

Supreme Court of South Carolina

Decided June 13, 1910No. 7592PublishedCited by 4 opinions

Before Ernest Moore, Special Judge, Chester, November, 1909. Indictment against John Rodman for obstructing a public road.

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Before Ernest Moore, Special Judge, Chester, November, 1909. Indictment against John Rodman for obstructing a public road. Defendant appeals from sentence. cite: This road is a private way: 77 S. C., 438. Remedy for obstruction is civil action: 11 S. C., 368. Right to a neighborhood road can be acquired by twenty years’ use: 63 S. C., 440, 503. Through woodland: 6 Rich. 399; 1 Bail., 56; 41 S. C., 1; 76 S. C., 382; 74 S. C., 428. How adverse use acquired: 63 S. C., 501; 80 S. C., 380; 54 S. C., 294. cites: Definition of roads: 2 Strob., 65; 74 S. C, 42; 80 S. C„ 380; 54 S. C., 294. Opening…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from the sentence imposed upon the defendant for obstructing a public highway.

The indictment under which the defendant was tried, charged that he “did wilfuly and unlawfuly close up and' obstruct a certain highway and public road leading from the (public highway by the) plantation of James F. Reid, into the main public road from, Fishing Creek Church to market at Smith’s Turnout.”

The record contains the following statement: “It is hereby agreed that the words in the indictment enclosed in parenthesis, ‘public highway…

2Cases cited15 opinions

  1. Dantzler v. Cox & DantzlerSupreme Court of South Carolina · 1906
  2. Smith v. Bradstreet CompanySupreme Court of South Carolina · 1902
  3. State v. TylerSupreme Court of South Carolina · 1899
  4. State v. WashingtonSupreme Court of South Carolina · 1908
  5. Earle v. PoatSupreme Court of South Carolina · 1902

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. MillerSupreme Court of South Carolina · 1923
  2. State v. MillerSupreme Court of South Carolina · 1924
  3. Savannah River Lumb. Corp. v. Bray, SupervisorSupreme Court of South Carolina · 1939
  4. Slater v. PriceSupreme Court of South Carolina · 1913

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