The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1869-02-27


Willard Where then their tie
claim No gheFs It never did make that
which 1 have 50 advertsd i
lave reached Of The where sas
S s I 'ai m oee and ha @ e @ S
Augusta Company invade the proprietary
rights Company are not sustained by the
standing this these gh have sen drawn question IN other
jurisdiction now likely lost unless this Court arrests
proceedings by prohibition and brings the back p
have brought before the Court the charter the Columbia and
cases authority in which like questions have arisen
af
out their road along etc. but to construct from some point
point But not being shown that there other
that the road properly valley
& E5 n 5i ana d1ar from nes e m dep ha also b taken ta s
legal right: of tie PLAINTIFF 1.-THE question here bishss
etc. and power to company T. construct their road across
argument unheed that
question Of right must Rn nessy s be prGydan n, .ns
Railroad Company Amer 2ss r. $50 sas
1et empowering dndans lay out their railroad over
used BY plaintiffs M fact granted he eosssrs de-
natter both contemplated reroad the erRg
S Psa d It 4 % G. % ssssisf though
Limitation Of The power Of the corporation in terms still s Lsg
s ssess" 0.s especially soatsss
such other important public presumed Legs
thus extend ths power and limitation might
ss sa By reasonable and necessary Implication upon @ generality
railroad between s7n definitely expressed such general
ought be construed take arsenal
defeated b question legislative
intent could presumed the Legislature intended
the conferred them should have such it
unequivocslly expressed. !"
csnpany Aasss 'Saas' a1sa se
power conferred BY the the Court are opinion that
grant Of power by legislative lay
'S @ the NO
h on ns to tllag ss ha ha P s
highway as the track Of their railway
been intended that railroad COMPANIES under should have
TO Lay railroad s g 9s m a Gaga 5 d which
accompanied with full legislative provisions for maintaining such tar
road With the safety e The tves
both The absence Of any such provision affords strong inference
s-a ~n, s ~ ~ H.. ',,ss '.st.s .s ~ POW nsr :
sa 1s s take land ID = 2s q sss a s
such intention must be shown By ~ordS by i
the manifest
have the must arise from the application Of the Act
subject @ matter that lat the railroad e could not By
with subject another line could have
% % sna
for which M the 5 a 5 5 then there ws n1 g
So 5ao hher the railroad over Front stree
depends application
localities evidence abh the
facts In this referred to three of SKIN and
| experience to report) .r:.Et
Again Bridge s Pickering r., 6o@
authorized to take without
unless words
be presumed that such intended be granted unless
intent be clearly discovered in the Act itself
clearly how, with regard
and Boozer their power
proceedings which would all rights ali parties; with
prejudice any In the Of the Kemp Londn and
Chancellor My only
and equitable rights Of the parties called point
ing which the Act Of Parliament has sanctioned appears
which tho v Chancelors
most injurious both parties for instance the company
what be the construction Of parliamentary
finish thenew according
incur all the without clue Or notion whether
finished will be sufficient substitution for the old
plaintiff then find his
the Intervention of the Court sufficient time raise the
whether he orr not entitled the the Court
condition deal present
ceengs doubt be rapid that before this Court could nrpose
have character be rendering
impossible its original condition.
other modes remedies which the plaintiff
adopt
jurisdiction Now consider that there be useful
interfering
which necessarily these companies the variety of in
with which those interfere strictly exercised
the injury both parties if there be Jurisdiction constantly
which their respective rights ascetained and then
Is all Others situation of things which this
jurisdiction The hare
adopted the question legal right put
the property be aeod until the legal right be- s,oslned ThaTs no
entitled nconont another The
necessary
not their misfortune These be bestowed
they pwors pfecng they
the they what bargain they with the whose
rights apply again