Columbia, Newberry & Laurens Railroad v. Laurens Cotton Mills
Supreme Court of South Carolina
Before Watts, J., Laurens, Spring term, 1907. Action by Columbia, Newberry and Laurens Railroad Company against Laurens Cotton Mills.
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Before Watts, J., Laurens, Spring term, 1907. Action by Columbia, Newberry and Laurens Railroad Company against Laurens Cotton Mills. From judgment for defendant, plaintiff appeals on the following exceptions: 1. “Because, upon request of the plaintiff, his Honor having charged the jury: ‘That the plaintiff cannot be estopped from asserting its rights in this case unless the following conditions existed at the time of putting the improvements on the right of way, to wit: (1) Unless the alleged silence was practiced by the authorities of the railroad company with a knowledge of the rights of…
1Opinion of the Court
The opinion herein was filed July 24th, but remittitur held up on petition for rehearing until
The opinion of the Court was deliv-
ered by
Mr: Chief Justice Pope.
On the 26th day of October, 1904, the plaintiff began its action. In its complaint it gives a detailed account of the creation and continuation of the plaintiff as a railway corporation, which, as far as this action is concerned, was said to have a right of way from the station of Dover, in Daurens county, to the town of Laurens, in said county, 100 feet in width from the center of the roadbed on each side of the track; and that:
The…
2Cases cited3 opinions
- Southern Ry. v. BeaudrotSupreme Court of South Carolina · 1902
- Harman v. Southern Ry.Supreme Court of South Carolina · 1905
- Hill v. Southern Ry.Supreme Court of South Carolina · 1903
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- Piedmont & Northern Ry. Co. v. HendersonSupreme Court of South Carolina · 1949
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