Ellison v. Greenville, Spartanburg & Anderson Railway Co.
Supreme Court of South Carolina
Before Memminger, J., Anderson, February term, 1912. Action by Rebecca J. and William Ellison against Green-ville, Spartanburg and Anderson Railway. Defendant appeals. Assent to enter may be implied: 15 S. C. 403; 37 S. C. 382; 28 S. C. 400; 47 S. C. 465; 11 Rich. 239; 15 S. C. 483; 33 S. C. 477. Special findings shall govern: Code Proc. 322; 38 Cyc. 1927. Action for damages toill lie where company enters without color of title: 60 S. C. 30; 78 S. C. 419; 77 S. C. 344.
1Opinion of the Court
March 15, 1913. The opinion of the Court was delivered by This is an action for damages, alleged to have been sustained by the plaintiffs, through the wrongful acts of the defendant, in entering upon their lands as a trespasser, before acquiring a right of way.
The allegations of the complaint, material to the questions involved, are as follows:
"That during the month of April, 1911, the defendant, railway company, by its agents and servants, approached plaintiffs to secure from the plaintiff, Rebecca J. Ellison, a right of way over and across her property in said county and State, situated in…
2Cases cited5 opinions
- Leitzsey v. Columbia Water Power Co.Supreme Court of South Carolina · 1896
- Rankin v. Sievern & Knoxville R. R.Supreme Court of South Carolina · 1900
- Nunnamaker v. Columbia Water Power Co.Supreme Court of South Carolina · 1896
- Tompkins v. Augusta, &c., RailroadSupreme Court of South Carolina · 1892
- Verdier v. Port Royal RailroadSupreme Court of South Carolina · 1881
3Cited by4 opinions
- Gesualdi v. Connecticut Co.Supreme Court of Connecticut · 1945
- Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
- Castles v. South Carolina Law & Collection AgencySupreme Court of South Carolina · 1916
- Massey v. Hines, Director GeneralSupreme Court of South Carolina · 1921