Ragsdale v. Southern Ry. Co.

• Decision Date: 18 April 1901
• Citation: 38 S.E. 609,60 S.C. 381
• Parties: RAGSDALE et al. v. SOUTHERN RY. CO. et al.
• Court: South Carolina Supreme Court

38 S.E. 609

60 S.C. 381

RAGSDALE et al. v. SOUTHERN RY. CO. et al.

Supreme Court of South Carolina

April 18, 1901

Appeal from common pleas circuit court of Fairfield county; James Aldrich, Judge.

Action by Edward B. Ragsdale and another against the Southern Railway Company and another. From a judgment in favor of plaintiffs, defendant railway company appeals . Affirmed.

B. L Abney and Duncan & Sanders, for appellant.

A. S Douglass and W. D. Douglass, for respondents.

GARY A. J.

The complaint herein contains substantially the following allegations. That the plaintiffs are seised in fee of the land therein described, through and over which the railroad formerly belonging to the Spartanburg & Union Railroad Company (operated by the appellant since 1894) passes that the Spartanburg & Union Railroad Company acquired under its charter, unto itself and successors, against William Blair, a former owner in fee of said land (under whom and his assigns the plaintiffs claim title), a right of way over said tract of land only for the purpose of said railroad, and "so long as the same may be used only for the purpose of said road, and no longer"; that William McC. Blair, who became the owner in fee of said land under and by virtue of a levy and sale under a judgment and execution against William Blair, and a deed of conveyance from the sheriff, built while he was such owner, a storehouse and warehouse on said land near said railroad, at his own expense and for his own use; that the right, title, and interest of William McC. Blair, including said houses, is now, and has been since the 5th day of November, 1892, vested in the plaintiffs; that after the plaintiffs became the owners in fee of said land, subject only to said right of way for railroad purposes, and entered into possession thereof, including said storehouse and warehouse, to wit, since 1st day of November, 1899, the Southern Railway Company, having obtained possession of said warehouse through J. E. Blair, a former tenant of plaintiffs, has, without the consent of, and without compensation to, the plaintiffs, and in violation of their rights in the premises, appropriated and converted to its use part of said warehouse as a railroad depot, at a station called Blairs, and has permitted connived at, or granted the use of the other part of said warehouse to its co-defendants Lawrence M. Blair and James B. Frazier, for the purpose of carrying on therein the business of general merchandise, contrary to the restrictions aforesaid of the charter of the Spartanburg & Union Railroad Company; that the annual rental value of said warehouse is $75; that the other building, called a "storehouse," is, and has been since plaintiffs entered into possession of said land, occupied by a tenant of the plaintiffs as a storehouse for general merchandise, which, until the opening of the competing store, was the only store for merchandise at Blairs; that in consequence of the appellant allowing or granting the use of said warehouse to its co-defendants for the purpose of carrying on therein the business of general merchandise, and in consequence of its co-defendants carrying on such business in competition with the tenant of plaintiffs, the rental value of the other storehouse has been greatly reduced, and the plaintiffs have thereby been damaged to the extent of $150.

The appellant in its answer denies the material allegations of the complaint, and alleges: "That on or about the year 1856 the Spartanburg & Union Railroad Company, whose rights, property, and franchises are now held by this defendant, entered and constructed this railroad upon and over the said tract of land, without any contract or contracts in relation to said lands, signed by the owner thereof, or by his or her agent, or by any person or claimant then or thereafter claiming the same, or in possession thereof; that since the said location and construction of said railroad through said tract of land the said railroad company, and its successors and assigns, have continuously and uninterruptedly exercised ownership and control over said land for the space of one hundred feet on each side of the center line of said railroad, and have used the same for all railroad purposes that it has seen fit to make of it, and this defendant, as successor to all the rights, property, and franchises of said Spartanburg & Union Railroad Company, now holds and owns the said lands for the said space of one hundred feet on each side of the center line of said railroad." "(5) That, on or about the year 1876, one William McC. Blair, then claiming to be the owner of the tract of land described in paragraph 1 of the complaint herein, by and with the consent of the said railroad company or its successor, built a storehouse and a warehouse on the east side of said railroad, and within one hundred feet of the center line of said railroad, at or near Blairs Station, and on the tract of land through which said railroad passes as aforesaid; that the said William McC. Blair was permitted by said railroad company, as this defendant is informed, to erect said storehouse and warehouse, to be used for the purposes of a depot for said railroad, and as a warehouse for the purpose of increasing the facilities of the said railroad in handling its freights and business at said Blairs Station, and that upon the erection of said storehouse and warehouse it was used for the purposes aforesaid by said railroad company uninterruptedly and continuously until about the year 1897, when the building hereinafter referred to came to be used by the defendant for the purposes of its railroad, and since said time this defendant has permitted and allowed the said storehouse and warehouse to remain upon the land whereon it was located, within one hundred feet of the center of said railroad. (6) That on or about the year 1891 one J. E. Blair, by and with the consent of the said railroad company or its successor, built a storehouse and a warehouse on the west side of said railroad, and within one hundred feet of the center line of said railroad, at or near said Blairs Station, and on the tract of land through which said railroad passes as aforesaid; that the said J. E. Blair was permitted by said railroad company, or its successor, as this defendant is informed, to erect said storehouse and warehouse, to be used as a depot and warehouse for said railroad, and to increase the facilities of said railroad in handling its freights and business at said Blairs Station, and said building is now so used by this defendant for said purposes that, incidentally to such use by this defendant, the defendant Lawrence M. Blair may also be using a portion of said building in his merchandise business, but such use by him is without the express consent of this defendant, and was not the use for which the said building was constructed."

The appellant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, for the reasons set forth in the record. The demurrer was overruled. The jury rendered a verdict in favor of the plaintiffs, and for $150 damages against the defendants the Southern Railway Company and Lawrence M. Blair, and no damages against the defendant James B. Frazier.

The Southern Railway Company appealed upon numerous exceptions. The appellant did not argue the exception alleging error in overruling the demurrer. It is, however, only necessary to refer to the reasons assigned by the circuit judge to show that it was properly overruled.

The first question argued by the appellant's attorneys is presented by the second exception, which is as follows "(2) Excepts because the presiding judge erred as matter of law in refusing to charge defendants' fourth request, which was as follows: '(4) If, under a charter such as governing this case, a railroad company constructs its road over the lands of a person, and...