Legal Opinion

Lampley v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided March 16, 1905PublishedCited by 13 opinions

Before Townsend, J., Darlington, spring term, 1903. A cl ion by John C. Lampley against Atlantic Coast Dine Railroad Co. From judgment for plaintiff, defendant appeals. cite: Error to allozo witness to say that embankment on the other side of the river throws zvater back upon this side: 59 S. C., 314; 36 S. C., 439. To recover under sec. 204.T, Code 1902, plaintiff must shozv negligence: 34 S. C., 62; Eng. on Inter, of Stat., secs. 271, 341. Sec. 2041 is unconstitutional as…

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Before Townsend, J., Darlington, spring term, 1903. A cl ion by John C. Lampley against Atlantic Coast Dine Railroad Co. From judgment for plaintiff, defendant appeals. cite: Error to allozo witness to say that embankment on the other side of the river throws zvater back upon this side: 59 S. C., 314; 36 S. C., 439. To recover under sec. 204.T, Code 1902, plaintiff must shozv negligence: 34 S. C., 62; Eng. on Inter, of Stat., secs. 271, 341. Sec. 2041 is unconstitutional as construed by Circuit Judge: 63 S. C., 430; 65 S. C., 150; 47 S. C., 487; 67 S. C., 181; 63 S. C., 169; 183 U. S., 112.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The complaint sets forth two causes of action. The first alleges damages arising from the negligence of the defendant, in the construction of its railroad through the lands described in the complaint, whereby the Pee Dee River was obstructed and made to overflow said lands, thereby injuring them and the crops thereon growing. The second contains similar allegations, except it does not allege negligence. The jury rendered a verdict in favor of the plaintiff for $872.50.

1 The first question that will be considered is whether his Honor,…

2Cases cited2 opinions

  1. Wallace v. ColumbiaSupreme Court of South Carolina · 1891
  2. Berrie v. SmithSupreme Court of Georgia · 1896

3Cited by13 opinions

  1. Weaver v. Southern Ry.Supreme Court of South Carolina · 1907
  2. Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
  3. Henry v. Southern Ry.Supreme Court of South Carolina · 1912
  4. Belton v. Wateree Power Co.Supreme Court of South Carolina · 1922
  5. Turbyfill v. Atlanta & Charlotte Air Line Ry.Supreme Court of South Carolina · 1910

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