Rhodes v. Railroad Co.
Rhodes v. Railroad Co.
Opinion of the Court
The opinion of the Court was delivered by
A single question is raised by the appeal in these cases, and that is: Whether a Trial Justice has jurisdiction in actions ex delicto.
Section 1, Article IV, of the Constitution reads as follows: “The judicial power of this State shall be vested in a Supreme Court, in two Circuit Courts, to wit, a Court of Common Pleas, having civil jurisdiction, and a Court of General Sessions, with criminal
By Section 24, Article IV, of the Constitution, Justices of the Peace may exercise such jurisdiction as may be provided by law in actions ex delieto where the damages claimed do not exceed one hundred dollars, &c.
In the case of the State vs. Fillebrown, (2 S. C., 404,) it is held that the General Assembly, by said Section 1 of Article IV of the Constitution, may confer upon an inferior Court created by itself the same jurisdiction which that instrument proposed for Justices of the Peace.
The General Assembly having established Courts of Trial Justices, and vested them with jurisdiction in actions ex delieto “where the damages claimed do not exceed one hundred dollars,” they have, to such extent, concurrent jurisdiction in suits of that character with the Circuit Court.
The motion in each of the cases is dismissed.
Reference
- Full Case Name
- Rhodes v. Railroad Company
- Status
- Published