South Carolina Western Railway v. Ellen
Supreme Court of South Carolina
Before Rice, J., Lee, -, 1912. Proceeding to condemn right of way by South Carolina Western Railway against John PI. Ellen. Defendant appeals from Circuit judgment.
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Before Rice, J., Lee, -, 1912. Proceeding to condemn right of way by South Carolina Western Railway against John PI. Ellen. Defendant appeals from Circuit judgment. This case was argued in the Supreme Court at the November term, 1912, but ordered re-argued before the Court en Banc on the —• day of June, 1913. cite: Does the statute fully meet the constitutional requirement? 57 S. C. 317; 58 S. C. 563; 85 S. C. 172; Con. 1868, art. 12, sec. 3; Con. 1895, art. IX, sec. 20; 51 Am. & Eng. R. R. Cas. 669; 4 Rap. & Mack’s Dig. Ry. Law, 605; 33 S. C. 483; 59 S. C. 371; Code 1912, 3295; 5 Rich. Eq.…
1DissentJustice Fraser
This is a proceeding by the appellant for condemnation of the land of the respondent. The company requiring the right o-f way over the land of the respondent, procured the necessary order under the statute for a jury to assess the compensation. The jury assessed the value and fixed the compensation at thirty-five hundred dollars ($3,500.00). From this assessment the railroad company appealed to- the Circuit Court and demanded a trial in open court to reassess the compensation. The Circuit Judge held that he was not “satisfied of the reasonable sufficiency of the grounds,” but granted an order…
2Cases cited2 opinions
- Atlantic Coast Line R. R. v. South Bound R. R.Supreme Court of South Carolina · 1900
- Southern Power Co. v. WilliamsSupreme Court of South Carolina · 1910