Legal Opinion

Rogers v. Florence Railroad

Supreme Court of South Carolina

Decided July 22, 1889PublishedCited by 7 opinions

Before Aldrich, J., Marion, October, 1888. These were actions by Lot B. Rogers and C. C. Whittington against the Florence Railroad Company.

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Before Aldrich, J., Marion, October, 1888. These were actions by Lot B. Rogers and C. C. Whittington against the Florence Railroad Company. The contract between the defendant and J. D. Hardin, so far as it has any bearing upon this case, was as follows : Articles of agreement made and concluded upon this 15th day of February, in the year of our Lord one thousand eight hundred and eighty- , between James D. Hardin, of the part first, and Florence Railroad Company, of the other part, as follows: Witnesseth, that for and in consideration of the payments and covenants hereinafter mentioned to be…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chiee Justice Simpson.

These two cases were heard together below, and they were also heard together on appeal here. The defendant is a railroad corporation, having obtained a charter to construct a railroad through Marion County. The gradation of the road, or a portion of it, was let out under contract to Mr. James D. Hardin. This contract will be found in the “Case.” In the progress of the work, a fire, which had been kindled within the right of way of the defendant, escaped from said right of way and ran over certain adjoining lands of the…

2Cases cited1 opinion

  1. Railroad Company v. HanningSupreme Court of the United States · 1873

3Cited by7 opinions

  1. Coleman v. StevensSupreme Court of South Carolina · 1923
  2. South Carolina Natural Gas Co. v. PhillipsCourt of Appeals for the Fourth Circuit · 1961
  3. Abbott v. Sumter Lumber Co.Supreme Court of South Carolina · 1912
  4. Eubanks v. Piedmont Natural Gas Co.District Court, W.D. South Carolina · 1961
  5. Beck v. Northwestern R. Co. of S.C.Supreme Court of South Carolina · 1916

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