South Carolina & G. R. Co v. Am. Tel. & Tel. Co

Citation41 S.E. 307,63 S.C. 199
CourtSouth Carolina Supreme Court
Decision Date25 March 1902
PartiesSOUTH CAROLINA & G. R. CO. et al. v. AMERICAN TELEPHONE & TELEGRAPH CO. SOUTH BOUND R. CO. et al. v. SAME.

41 S.E. 307
63 S.C. 199

SOUTH CAROLINA & G. R. CO. et al.
v.
AMERICAN TELEPHONE & TELEGRAPH CO.
SOUTH BOUND R. CO. et al.
v.
SAME.

Supreme Court of South Carolina.

March 25, 1902.


COMMON PLEAS—JURISDICTION—INJUNCTION-TELEPHONE COMPANIES.

Const, art. 5, § 15, provides that the court of common pleas shall have jurisdiction in civil cases, with authority to issue injunctions. 23 St. at Large, p. 61, authorizes the construction of telephone and telegraph lines in the state, and provides that the general condemnation proceedings under the Revised Statutes shall apply in cases for the acquisition of rights of way over the lands of others than on rights of way of railroad companies, and further provides a method for obtaining rights of way for poles and wires over rights of way of railroad companies. Held, that the proceedings provided by the act are special proceedings, and that the court of common pleas has jurisdiction to enjoin such proceedings where the act does not in express terms make provision for the trial of all rights that may be involved.

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

Action by the South Carolina & Georgia Railroad Company and the Southern Railway Company against the American Telephone & Telegraph Company, and action by the South Bound Railroad Company and the Florida Central & Peninsular Railroad Company against the same. From orders dismissing the complaints, plaintiffs appeal. Reversed.

J. W. Barnwell, C. J. C. Hutson, and Smythe, Lee & Frost (George H. Tearsons, of counsel), for appellants.

Jas. F. Izlar and P. H. Nelson, for appellees.

GARY, A. J. The practical question raised by this appeal is whether the court of common pleas, in the exercise of its chancery powers, can entertain jurisdiction of a separate and independent action seeking to enjoin proceedings under the act entitled "An act to authorize the construction, maintenance and operation of telegraph and telephone lines in the state of South Carolina, and to provide for the assessment of just compensation for such rights." 23 St. at Large, p. 61. Article 5, § 15, of the constitution, provides that "the courts of common pleas shall have original jurisdiction, subject to appeal to the supreme court, to issue writs or orders of injunction, mandamus, habeas corpus and such other writs as may be necessary to carry their powers into full effect They shall have jurisdiction in all civil cases. * * *" It will thus be seen that the court of common pleas is a...

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