Johnson v. Rd. And Highway Comm'n For, (No. 8806.)

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtFRASER
Citation81 S.E. 502,97 S.C. 205
PartiesJOHNSON. v. ROAD AND HIGHWAY COMMISSION FOR MARION COUNTY.
Docket Number(No. 8806.)
Decision Date21 April 1914

(97 S.C. 205)
81 S.E. 502

JOHNSON.
v.
ROAD AND HIGHWAY COMMISSION FOR
MARION COUNTY.

(No. 8806.)

Supreme Court of South Carolina.

April 21, 1914.


1. Eminent Domain (§ 167*)—Condemnation —Assessing Damages.

Under Laws 1910, p. 948, § 7, empowering the commission, provided for improving roads of Marion county, to condemn, "provided, that where lands are condemned, the damage shall be fixed as now provided by law, " the damages are to be fixed by the county board as theretofore.

[Ed. Note.—For other cases, see Eminent Domain, Cent Dig. §§ 451-456; Dec. Dig. § 167.*]

2. Highways (§ 99*)—Improvement— Poweb

of Commission.

Whether the commission for improving roads in Marion county is proceeding to build a new road or relocate an old road is immaterial; Laws 1910, p. 948, §§ 5, 7, empowering it to do both.

[Ed. Note.—For other cases, see Highways, Cent. Dig. §§ 323-330; Dec. Dig. § 99.*]

3. Injunction (§ 123*)—Issues.

The action being merely to enjoin the commission of Marion county from opening a new road, the purpose or right of the commission to abandon part of an old road is not before the court.

[Ed. Note.—For other cases, see Injunction, Cent. Dig. § 270; Dee. Dig. % 123.*]

4. Statutes (§ 123*)—Subject and Title.

The act (Acts 1910, p. 945), entitled "An act to authorize the county of Marion to issue bonds for permanent road and highway improvements, and to provide for the expenditure of the same, " providing for improvement of public highways in the county, has but a single purpose, sufficiently set forth in the title, within Const, art. 3, § 17.

[Ed. Note.—For other cases, see Statutes, Cent. Dig. §§ 176-183; Dec. Dig. § 123.*]

Hydrick, J., dissenting.

Appeal from Common Pleas Circuit Court of Marion County; T. H. Spain, Judge.

Action by Loulie V. Johnson against the Road and Highway Commission for Marion County. From an order dissolving a temporary injunction, plaintiff appeals. Reversed, and injunction continued.

James W. Johnson, of Marion, for appellant.

W. F. Stackhouse and L. D. Lide, both of Marion, for respondent.

FRASER, J. In 1910 the iLegislature passed an act to provide for the improvement of public roads in Marion county. It provided for issuing bonds and a commission to carry out the work. In planning for the execution of their work, the commission determined to cut off an angle between two roads leading into the city of Marion, and thus shorten the distance between the city of Marion and the outlying sections of Wahee township. This cut-off ran through a field of the appellant. To this appellant objected and filed this action for injunction. The following is the complaint duly verified:

"The complaint of the above-named plaintiff respectfully shows to the court:

"I. That plaintiff is the owner of about 100 acres of valuable arable land, situate in Wahee township, in the county and state aforesaid, and pays taxes thereon; that said lands are free of stumps, in a high state of cultivation, and have a splendid crop of cotton and corn growing thereon. For a more particular description, see plat of same made by J. M. Johnson, hereto attached, marked 'Exhibit A, ' the land in question lying between the points marked in red ink on said A, B, C, and D.

"II. That on the 30th day of August, 1913, a notice, of which the following is a copy, was served on plaintiff: 'Notice of Condemnation. State of South Carolina, Marion County, In re Road and Highway Commission for Marion County, S. C, against Mrs. L. V. Johnson. Whereas, the Road and Highway Commission for Marion county met at the office of L. D. Lide, Esq., on the 18th day of August, 1913, at which meeting Commissioners Montgomery, Smith, Stackhouse, Baker and Johnson were present, and Commissioner Baker offered the following resolution; and whereas, it is the judgment of this commission that the connection between the roads leading from Wahee Neck to the Mars-bluff Ferry road be relocated and straightened, i. e., so that the alignment of the stretch of road from D. MIcIntyre's place be preserved, and projected until such alignment strikes the Marsbluff Ferry road near the west end of the Cat Fish causeway; such

[81 S.E. 503]

relocation being for the material interest of the traveling public; and whereas, for the purpose of relocating such road it is deemed necessary to acquire right of way over a portion of the lands of Mrs. L. V. Johnson; and It is also deemed necessary that the same be acquired by condemnation: Be it resolved, that the necessary legal steps be taken to condemn and establish such right of way, and that compensation and damages therefor be assessed; and the said right of way be surveyed and located by J. R. Pennell, resident engineer for the said highway commission, at the time of the assessment of the said compensation and damages. The motion to adopt the said resolution being seconded by Commissioner Montgomery, the same was unanimously adopted. You will therefore take notice that a right of way, as aforesaid, is required over your land for the purpose of relocating the road as aforesaid, and that compensation and damages therefor will be assessed on the premises on 10th day of September, 1913, at 10 o'clock a. m., and that said right of...

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10 practice notes
  • State Ex Rel. Richards v. Moorer, (No. 12746.)
    • United States
    • United States State Supreme Court of South Carolina
    • October 12, 1929
    ...v. O'Day, 74 S. C. 449, 54 S. E. 607; AycockLittle Co. v. Railway, 76 S. C. 331, 57 S. E. 27; Johnson v. Commissioners, 97 S. C. 212, 81 S. E. 502." "It is not necessary that the title should be an index of the contents of the statute." Briggs v. Greenville County, 137 S. C. ......
  • Crawford v. Johnston, No. 14136.
    • United States
    • United States State Supreme Court of South Carolina
    • September 10, 1935
    ...54 S. E. 607; Aycock-Little Co. v. Southern Ry., 76 S. C. 331, 57 S. E. 27; Johnson v. Road & Highway Commission, 97 S. C. [205], 212, 81 S. E. 502." "It is not necessary that the title should be an index of the contents of the statute." Briggs v. Greenville County, 137 S......
  • Lillard v. Melton, (Nos. 9164, 9247.)
    • United States
    • United States State Supreme Court of South Carolina
    • December 17, 1915
    ...v. O'Day, 74 S. C. 449, 54 S. E. 607; Aycock-Little Co. v. Railway, 76 S. C. 331, 57 S. E. 27; Johnson v. Commissioners, 97 S. C. 212, 81 S. E. 502. The act provides that: "The commission shall serve for a term of three years, or until the provisions of this act are completely carried ......
  • Graham v. Erwin, (No. 10457.)
    • United States
    • United States State Supreme Court of South Carolina
    • June 28, 1920
    ...to it. State v. O'Day, 74 S. C. 449. 54 S. E. 607; Aycock-Little Co. v. Railway, 76 S. C. 331, 57 S. E. 27; Johnson v. Commissioners, 97 S. C. 205, 81 S. E. 502; Lillard v. Melton, 103 S. C. 10, 87 S. E. 421. "(5) The plaintiff alleges that the act is unconstitutional for that the issu......
  • Request a trial to view additional results
10 cases
  • State Ex Rel. Richards v. Moorer, (No. 12746.)
    • United States
    • United States State Supreme Court of South Carolina
    • October 12, 1929
    ...v. O'Day, 74 S. C. 449, 54 S. E. 607; AycockLittle Co. v. Railway, 76 S. C. 331, 57 S. E. 27; Johnson v. Commissioners, 97 S. C. 212, 81 S. E. 502." "It is not necessary that the title should be an index of the contents of the statute." Briggs v. Greenville County, 137 S. C. ......
  • Crawford v. Johnston, No. 14136.
    • United States
    • United States State Supreme Court of South Carolina
    • September 10, 1935
    ...54 S. E. 607; Aycock-Little Co. v. Southern Ry., 76 S. C. 331, 57 S. E. 27; Johnson v. Road & Highway Commission, 97 S. C. [205], 212, 81 S. E. 502." "It is not necessary that the title should be an index of the contents of the statute." Briggs v. Greenville County, 137 S......
  • Lillard v. Melton, (Nos. 9164, 9247.)
    • United States
    • United States State Supreme Court of South Carolina
    • December 17, 1915
    ...v. O'Day, 74 S. C. 449, 54 S. E. 607; Aycock-Little Co. v. Railway, 76 S. C. 331, 57 S. E. 27; Johnson v. Commissioners, 97 S. C. 212, 81 S. E. 502. The act provides that: "The commission shall serve for a term of three years, or until the provisions of this act are completely carried ......
  • Graham v. Erwin, (No. 10457.)
    • United States
    • United States State Supreme Court of South Carolina
    • June 28, 1920
    ...to it. State v. O'Day, 74 S. C. 449. 54 S. E. 607; Aycock-Little Co. v. Railway, 76 S. C. 331, 57 S. E. 27; Johnson v. Commissioners, 97 S. C. 205, 81 S. E. 502; Lillard v. Melton, 103 S. C. 10, 87 S. E. 421. "(5) The plaintiff alleges that the act is unconstitutional for that the issu......
  • Request a trial to view additional results

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