44 S.E. 748 (S.C. 1903), Edwards v. Southern Ry.

Citation:44 S.E. 748, 66 S.C. 277
Opinion Judge:GARY, A. J. PER CURIAM.
Party Name:EDWARDS v. SOUTHERN RY.
Attorney:E. F. Strother and R. W. Shand, for appellant. B. L. Abney, for respondent.
Case Date:May 14, 1903
Court:Supreme Court of South Carolina
 
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Page 748

44 S.E. 748 (S.C. 1903)

66 S.C. 277

EDWARDS

v.

SOUTHERN RY.

Supreme Court of South Carolina

May 14, 1903

Appeal from Common Pleas Circuit Court of Lexington County; Townsend, Judge.

Action by Isaac Edwards against the Southern Railway. From order dismissing complaint on demurrer, plaintiff appeals. Reversed.

Page 749

E. F. Strother and R. W. Shand, for appellant. B. L. Abney, for respondent.

GARY, A. J.

The first question to be considered is whether the act of 1894, hereinafter mentioned, was repealed by the Constitution of 1895. The act of 1894 provides that "no corporation, individual or association, or either or both, shall purchase or lease any railroad lying in whole or in part within this state, or any interest therein, or shall operate the same, where such purchaser or lessee already owns, operates or is interested in a line or lines of railroad which, either alone or in conjunction with other connecting railroads lying within or without this state, can compete between any two or more points within this state, and any such purchase, lease or acquisition is hereby declared to be null and void." 21 St. at Large, p. 812, § 2.

Section 8, art. 9, of the Constitution, is as follows:

"Sec. 8. The General Assembly shall not grant to any foreign corporation or association a license to build, operate [66 S.C. 280] or lease any railroad in this state; but in all cases where a railroad is to be built or operated, or is now being operated, in this state, and the same shall be partly in this state and partly in another state, or in other states, the owners or projectors thereof shall first become incorporated under the laws of this state; nor shall any foreign corporation or association lease or operate any railroad in this state, or purchase the same or any interest therein. Consolidation of any railroad lines and corporations in this state with others shall be allowed only where the consolidated company shall become a domestic corporation of this state. No general or special law shall ever be passed for the benefit of any foreign corporation operating a railroad under an existing license of this state or under any existing lease, and no grant of any right or privilege and no exemption from any burden shall be made to any such foreign corporation, except upon the condition that the owners or stockholders thereof shall first organize a corporation in...

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