North-Eastern Railroad v. Payne
North-Eastern Railroad v. Payne
Opinion of the Court
The opinion of the Court was delivered by
In considering the first objection interposed by the appellants to the appointment of commissioners, we must ascertain the intention of the Legislature, defining the southern terminus of the North-Eastern Railroad. The fifth section of the Act incorporating the company, (12 Stat. 129,) provides that the road shall be constructed “ from Charleston, or from any point on the east bank of the Cooper river, within three miles of Charleston, to such point on or near the Wilmington and Manchester Railroad, west of the Great Pee Dee, as may be selected,” &c. The appellants contend, that “from Charleston,” restricts the southern terminus to the corporate boundary of the city. On the other side it is argued, that the words are not exclusive, and that the Company is authorized to commence their road at any point within the city. The commencement of a traveller’s journey may, as was suggested, be referred to some point within the corporate limits, but when the Legislature authorizes and directs that a road shall be made “ from Charleston,” the boundary of the city is indicated as the terminus a quo. For the public convenience, streets and ways
We are of opinion that the fifth section of the Act of 1851, confines the terminus of the North-Eastern Railroad “ from Charleston” to the corporate boundaries of the city, and that the appellants showed sufficient cause against the appointment of commissioners to assess their lands.
Motion granted.
Motion granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.