Legal Opinion

Bush v. Southern Ry.

Supreme Court of South Carolina

Decided March 14, 1902PublishedCited by 5 opinions

Before Gary, J., Richland, summer term, 1901. Action by Green B. Bush against Southern Railway Co. From judgment of nonsuit, plaintiff appeals. cite: Possession of an engine is prima facie proof of ownership: 19 Fney., 53; 1 Green. Ev., par. 34; Abbott’s Trial Ev., p. 623; 1 Smith’s Reading Cases, 473; 35 Maine, 150; 16 Am. Dec., 727; 46 Am. Dec., 323; 65 Am.

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Before Gary, J., Richland, summer term, 1901. Action by Green B. Bush against Southern Railway Co. From judgment of nonsuit, plaintiff appeals. cite: Possession of an engine is prima facie proof of ownership: 19 Fney., 53; 1 Green. Ev., par. 34; Abbott’s Trial Ev., p. 623; 1 Smith’s Reading Cases, 473; 35 Maine, 150; 16 Am. Dec., 727; 46 Am. Dec., 323; 65 Am. Dec., 699; 4 Rich., 239. Not necessary for plaintiff to show absolute ownership in defendant of the engine: 2 Blackstone, 388; 17 Ency., 305; 64 Mo., 112; 40 N. W., 146; 44 Conn., 291; 60 S. C., 293; 50 S. C., 556; 53 S. C., 358; 39 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

1 This action was brought to recover damages by fire alleged to have been communicated to plaintiff’s property by defendant’s locomotive engine, and the appeal now comes from an order of nonsuit. The nonsuit was granted on the ground that there was no evidence tending to show that the damage was caused by the defendant’s' engine. This we think was error. There was evidence tending to show that in July, 1900, at Hopkins, in Richland County, a station on the South Carolina and Georgia Railroad, fire was communicated to and destroyed a…

2Cited by5 opinions

  1. Dibble v. San Joaquin Light & Power Corp.California Court of Appeal · 1920
  2. Winston v. Sears, Roebuck & Co.Appellate Court of Illinois · 1967
  3. Rafield v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
  4. Carlton v. Southern RailwaySupreme Court of South Carolina · 1913
  5. Rafield v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910

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