Legal Opinion

Wallace v. Columbia, &c., Railroad

Supreme Court of South Carolina

Decided October 7, 1892PublishedCited by 1 opinion

Before Kershaw and Fraser, JJ., Fairfield, February and September, 1891. This was an action by John Wallace against the Columbia and Greenville Eailroad Company, commenced January 17, 1889. See 31 S. C., 62. So much of the charge to the jury as has any bearing upon the points raised by the appeal, was as follows: There are certain injuries which the construction of a railroad does to land which the land-owner is entitled to compensation for, under the act. of the…

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Before Kershaw and Fraser, JJ., Fairfield, February and September, 1891. This was an action by John Wallace against the Columbia and Greenville Eailroad Company, commenced January 17, 1889. See 31 S. C., 62. So much of the charge to the jury as has any bearing upon the points raised by the appeal, was as follows: There are certain injuries which the construction of a railroad does to land which the land-owner is entitled to compensation for, under the act. of the legislature. The State owns what is known as the right of eminent domain over all the lands within its bounds. The individual owns…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Pope.

TJpon the complaint being read, the defendant interposed an oral demurrer, that the allegations therein were not sufficient to constitute a cause of action, which being overruled, the defendant appealed. This court held (34 S. C., 62), that the Circuit Court had erred. IJpon the cause being again called in the Circuit Court, the plaintiff, on due notice, moved for leave to amend his complaint, and, at the same time, the defendant moved to dismiss the complaint, and for leave to enter judgment for the costs and disbursements. Judge…

2Cited by1 opinion

  1. Shores v. Southern Ry.Supreme Court of South Carolina · 1905

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