Watson v. Southern R. Co.

Decision Date04 April 1916
Docket Number9367.
Citation88 S.E. 461,104 S.C. 204
PartiesWATSON v. SOUTHERN RY. CO.
CourtSouth Carolina Supreme Court

Appeal from Common Pleas Circuit Court of Edgefield County; R. W Memminger, Judge.

Action by A. B. Watson against the Southern Railway Company. From a judgment for defendant, plaintiff appeals. Affirmed.

Tompkins & Wells and S. McG. Simkins, all of Edgefield, for appellant.

N. G Evans, of Edgefield, for respondent.

HYDRICK J.

On August 2, 1895, plaintiff and defendant entered into a contract in writing, called a permit and license, wherein it was recited that plaintiff desired to erect, at his own expense, a depot at Hibernia, a station on defendant's road, on defendant's right of way, for defendant's use; and it was therein stipulated that the building should be the property of defendant during the life of the contract and that plaintiff would act as agent of defendant at said station without compensation. Defendant reserved the right to revoke and annul the permit and license at any time, and plaintiff agreed that he would promptly remove the building off defendant's right of way and surrender possession of the land on which it stood at the expiration of 60 days from the service on him of notice revoking the permit and license. The depot was built, and plaintiff acted as defendant's agent at the station until the fall of 1908, when he applied for and was appointed one of defendant's ticket collectors on a run out of Atlanta, and moved to Atlanta leaving the agency at Hibernia in charge of J. L. Youmans. This was done with the knowledge and acquiescence of defendant.

In December, 1908, defendant applied to the railroad commission for permission to close the agency at Hibernia, on the ground that the business did not warrant keeping an agent there, and to make it a flag station for passenger trains, and a prepay station for freight. Under the statute and rules of the commission, defendant could not close the agency without notice to the public and the consent of the commission. After a hearing, the commission gave its consent and, after due notice to the public, the agency was closed, April 1, 1909. Plaintiff was informed by Mr. Youmans of this application of defendant to the railroad commission; but, as he was then in the employment of the railroad company, he did not deem it expedient to resist the application; but no written notice of the intention to close the agency was given...

To continue reading

Request your trial
2 cases
  • Barnes v. Industrial Life & Health Ins. Co. of Atlanta
    • United States
    • South Carolina Supreme Court
    • 25 Septiembre 1942
    ... ... overcome or destroyed by affirmative testimony, the appellant ... failed to establish a cause of action. See Watson v ... Southern Railway Company, 104 S.C. 204, 88 S.E. 461 ...           As to ... whether the question of punitive or exemplary damages ... ...
  • Livingston v. Sims
    • United States
    • South Carolina Supreme Court
    • 28 Julio 1941
    ... ... citizenship and residence of the plaintiff, and the corporate ... capacity of the Southern Bank and Trust Company, and that it ... closed its doors the 25th day of September, 1931 and the ... appointment of defendant as the receiver to ... same effect see 25 C.J.S., Damages, § 6; Sedgwick on Damages, ... Section 97, et seq ...          The ... case of Watson v. Southern R. Co., 104 S.C. 204, 88 ... S.E. 461, is relied upon by the plaintiff to support the ... proposition that where one breaches a ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT