Legal Opinion

Furman v. A. C. Tuxbury Land & Timber Co.

Supreme Court of South Carolina

Decided April 22, 1919No. 10192PublishedCited by 27 opinions

Before Peuripoy, J., Charleston, Fall term, 1917. Action by Boliver B. Furman and another against the A. C. Tuxbury Band & Timber Company, a corporation.

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Before Peuripoy, J., Charleston, Fall term, 1917. Action by Boliver B. Furman and another against the A. C. Tuxbury Band & Timber Company, a corporation. From a judgment for plaintiffs, defendant appeals. submit: The complaint did not charge negligence of the defendant; but charged a wilful tort, and it was error in the presiding Judge to charge the jury that plaintiffs could recover for the negligence of the defendant: 61 S. C. 186; 64 S. C. 491; 78 S. C, 421; 84 S. C. 35; 32 S. C. 410, and the cases cited therein at pp. 429, 430, 431, 432. See, also, 433; 78 S. C. 419, 421, 422, 420.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appeals from judgment on verdict for plaintiffs for $10,000 damages done to plaintiffs’ lands and the reserved timber thereon by defendant in cutting and removing therefrom certain timber which defendant had acquired the right to cut and remove under conveyances from plaintiffs.

In 1902, plaintiffs conveyed to another all the pine timber of ten inches (stump diameter) and upwards, at the time of cutting, on several tracts of their lands aggregating more than 7,000 acres. The deed contains the privileges and easements…

2Cases cited9 opinions

  1. Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
  2. Proctor v. Southern Ry.Supreme Court of South Carolina · 1901
  3. Thompson v. Security Trust & Life Ins.Supreme Court of South Carolina · 1902
  4. Life Insurance Co. v. MobleySupreme Court of South Carolina · 1912
  5. Proctor v. Southern RailwaySupreme Court of South Carolina · 1902

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

3Cited by27 opinions

  1. Sandy Island Corp. v. RagsdaleSupreme Court of South Carolina · 1965
  2. Colleton Mercantile & Mfg. Co. v. GruberDistrict Court, E.D. South Carolina · 1925
  3. Tucker Ex Rel. Tucker v. ReynoldsSupreme Court of South Carolina · 1977
  4. Lane v. New York Life Ins. Co.Supreme Court of South Carolina · 1928
  5. Fogel v. McDonaldSupreme Court of South Carolina · 1931

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

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