The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-13
JUDGE PL,lTT AND THESOUTH C4RO-
LIMA RAILROAD COMPANY.

EdgeAeld County. ss.-In re- the Columbia and
Augusta Railroad Company vs. the South Carohna
Railroad Company-Peiton to condemn and as.
scss ccmpen -ation tor lands and right OF way OF
the South Carolina Railroad Company.
On the 18th of December last. granted an
order requiring the Clerk OF Edgefed County
to proceed according to the provisions OF the
act Of the General Assembly (act No. ~ ratl-
fed on 22d September, 1868, to cmpanel jury
OF welve to assess the compensation to De
paid by the Columbia and Augusta kallroad
Company to the South Carolina Railroad COM
pany tor o way over the lands and light Of way
Of the latter company, that is to say, tirst over
the lot at Grauitevile Station, described as
lot of ten acres. on which is situated the depot
at said station: second, over tho right OF way
OF one hundred feet appurtcnant to said South
Carolina Railroad between said Granltevlllo
Station and the point near Hamburg known as
the Dead Fall; aud third, over he,lands which
lie outside OF the one hundred feet right OF
way, but with, n the two hundred feet claimed
by said COMPANY, ut that point; and that IN
rendering their verdict the said jury sh0ald
discriminate between the amounts whlch
should be ascertained by them for way over
the said several parcels respectively In obe-
dience 10 such or,ler the clerk did, as ho says,
proceed as directed by said act to select the
names of tweuty-four disintorested frcehoidcrs
of the county, and that on the SlSt OF Decem-
be- last he drew the names OF twelve OF the
said twenty-four to act as jurors and summon
ed them to meet at Grantevllle on Saturday,
tho I'd January next following; that two OF inc
twelve Jurors SO summoned tailed tc attend,
and that he made up the proper number by
summoniug two others from the village to act
IN their stead.
EIhe iury thus empanelIed and assembled
were sworn by the clerk and did proceed 10 ln-
spect the premises, and on the evening OF the
same day did find and render the following
-
at Granitevillo Station, $50; 2. For way between
Grapitcvllle Station and Dead Fall, $50; 3. For
way at Dead Fall, $40.
Subsequently thereto, to wit, at the recent
February term Of the Court Of Common Pleas
for Eagofed County, the above named deten-
dants moved the court for all order to set aside
the verdict, the assessment and all the pro-
ceedings OF the jury aforesaid, upon certain
grounds and for certain reasons stated anu SET
forth in their motion. Both parties appeared
by counsel, and testimony, both DIAL AMI writ
ten, was introduced by both parties in support
Of and in opposition to, the motion. After
hearing oil the testimony and arguments OF
counsel, my mind was led irresistloly to the
conclusion that many Of the grounds stated by
defendants for setting aside tho verdict OF tie
Jury had been we'll taken; that in some respects
the proceedings Of both clerk and jury had
been irregular, illegal, in violation OF the man
datory provisions OF the act AZ, and IN dlsre-
gard of defendants rights; and could have
felt assured OF my power 10 act Ill the matter,
T should have entertained the motion, aud
would have granted the order asked for; but
such power is not conferred upon the Circuit
Judge by the act itself. and did not feel at
liberty to assume jurisdiction in so important
q matter (unproyided for by law) upon mere
motion III my law-court. But l lntimatcd to
defendants counsel that il they still persisted
in claiming to have said verdict set aside AMI q
iod H.,
compensation, and would present their grlev-
apces and proter their request in the form OF
Petition in Equity, declaring that they Claimed
only fail trial before the compens ltlon jury
(such as the act itself intended to secure 10
them), and that they did not purpose to avail
themselves OF the order prayed for BY apply
ing tor anosuer Injunction against tho Colum-
bla and Augusta Railroad Company. thereby
further co:nplicatinS this already prGtracted
controversy, 1 would entertain such petition,
aud would consider the testimony now before
me on this motion as the propor
testimony in such equity proceeding. (lhs
latter suggestion was acceded 10 by
attorney and counsel for Gctendants wore not
present and resided in Charleston. would
wait until they should decide to take or not to
tako the course above indicated.
Having now waited reasonable time, and
no such petition having been presented, moth
ing remains for me but to dismiss the motion
now before me, and in doing 80 am glad to
know that the injustice and injuries done to
the South Carolina Railroad Company, alleged
by them, are not irremedabe. AL such wrongs
can be redressed and righted. The act itself
has provided the remedy, to wit, by declaring
(sectiou A. THAT from the verdict 80 rendered,
it shall be the right Of either party to appeal
to the first term OF the Circuit Court next en-
suing in the county" and there, on showing
reasonable grounds for such appeal. the court
will order that the question OF damage and
compensation shall BIZ retired before the regu-
lar court jury, and by their verdict, it is to be
will be righted. It is. therefore, now ordered
that the motion made for setting aside the YER
diet OF the jury, empanelled by the clerk in
pursuance Of my order of 18th December last,
be dismissed.
(Slgnel) q. Plat,
February Is, 1869. Circuit Judge.