The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-08-03
DECISION FOR RAILROAD co.
Judge Wilson Orders Injunction
Against North Western Railroad
Company to Be Dissolved.

NS. lie NoTtn western RallrOaQ Co.,
defendants, has been followed with
great deal Of interest by the people
Of Sumter. and the decision of Judge
John S. Wilson, which follows, will
be read with interest:
State Of South Carolina-Court of
Common Pleas.
ORDER
Julia V. Beck, Plaintiff, VS. North
Western Railroad Co.. of South Car
olina.
On July 18th, His Honor, Judge
r. w. Memminger granted an order
of injunction, exparte, upon the
complaint of the plaintiff, restraining
the Defendant from making excava-
tions on a certain tract of land de-
scribed in the complaint until the
further order Of court.
The complaint and order of in
junction wer served upon the defen-
dant on the 18th day Of July, and
thereupon due notice, accompanied
by affidavits in behalf Of the Defen-
dant, a motion was made before me
on the 25th inst, to dissolve and set
aside the temporary order of injunc-
ton.
The motion was fully argue before
me, upon the motion upon the
showing made by the complaint on
the part Of the plaintiff and the afi.
davits on the part of the defendant
in opposition thereunto, and the affi-
davits on the part Of the plaintiff In
reply.
1T appears that in the year 1887,
with view to encourage the Eutaw-
vile railroad company, under it's
charter Heretofore granted by the
general assembly. to build and con-
struct its railroad and for other con-
siderations mentioned, various land
holders along the rights Of way of
the said railroad, entered into a con-
tract, whereby they, all and each of
them, agreed, in consideration of the
premises, that they would grant, re.
lease and convey unto said railroad
corporation. a strip Of land for a
railway one hundred feet in width on
each side Of the center of the main
track of the proposed line of rail-
way.
Amongst the signers of this agree
ment, was one J. Adger Smythe, who,
at that time, was the owner In fee of
the lands described in the complaint,
and under whom both parties hereto
claim title.
1t further appears that the said
railroad was built and constructed
about the year 1889. and that the
said strips Of land of the measure
ments above stated, was laid out by
the persons in charge of the survey
and construction of said railroad:
this strip of land extending through
the premises described in the COM
plant partly through Pocotaligo
swamp, and the remainder of said
strip through an open field.
In the process of construction, the
trees along the roadway extending
through Pocotaligo Swamp, were cut
down and cleared out to the limit of
the right-of-wa.
1t also appears that the construc-
ton force excavated the earth ON the
east side Of the line of railway nearly
the entire length through the prem
ises involved, to width Of one hum
dred feet from the centre of the track
ana on the western side to distance
OF thirty-five feet from the centre of
said track, the earth thus excavated
being used to fill in the trestle of the
railroad, in part, through Pocotaligo
swamp. The defendant company
finding it necessary to render its Po-
cotaligo Swamp trestle more safe and
secure for the transportation Of pas
sengers and freight, began prepara-
tions, and shortly before the COM
mencement of this action. had locat-
ed firm of contractors with its
steam shovel and entire construction
plant. for the purpose Of excavating
additional earth within it's right-of-
way, to build up it's roadway along
the trestle in Pocotaligo Swamp.
The Defendant Company claims the
title and right to said roadway under
the conveyances from the Eut;. wville
Railroad Company, and its success
sors, this company having purchased
the same in February, 1895, and is in
possession, as well, under said sue
cessive conveyance, as under its own
charter.
So far as the Defend ~ is concern