Woodward v. So. Ca. & Ga. R. R.
Woodward v. So. Ca. & Ga. R. R.
Opinion of the Court
The opinion of the Court was delivered by
This action was commenced in the Court of Common Pleas for Barnwell County, in this State, on the 5th day of October, 1895. The complaint set up two causes of action, to both of which the defendant demurred. The issue thus presented came on for trial before his Honor, Judge Buchanan. At such trial, the defendant consented that his demurrer to the second cause of action should be dismissed. By the judgment of Judge Buchanan the demurrer as to both causes of action was overruled. The defendant now appeals from so much of said judgment as dismisses the demurrer to the first cause of action set out in the complaint. In the report of the case must be included the complaint, the demurrer, the order, and the grounds of appeal.
Confessedly, the plaintiff bases his first cause of action on the provisions of the 23d section of “An act relating to roads and highways in Barnwell County,” approved 5th January, 1895, 21 Stat. at Barge, 954. This section is as follows: “That if any person or persons, corporations or any conductor of any train of railroad cars, or any other agent or servant of any railroad company, shall obstruct, unnecessarily, any public road or highway of this county by permitting any railroad car or cars or locomotives to remain upon or across any street, public road or highway for a longer period than five minutes, or shall permit any timber, wood or other obstructions to remain upon or across any such street, road or highway, to the hindrance or inconvenience of travelers or any person or persons passing along or upon such street, road or highway, every person or corporation so offending shall forfeit and pay for every such offense any sum not exceeding twenty nor less than
We cannot agree with the Circuit Judge in the views he entertains on this point. To our minds the intention of the legislature, as gathered from the language used by it in this section, is plain — so plain, in fact, that in its construe
It is the judgment of this Court, that so much of the judgment of the Circuit Court as is appealed from be reversed, and that the action be remitted to the Circuit Court for such further proceedings as may be necessary.
Reference
- Full Case Name
- WOODWARD v. SO. CA. & GA. R. R.
- Status
- Published
- Syllabus
- Raieroads — Highway—Damages—21 St., 495 — Barnweee County — • Triae Justice Court. — The act relating to the roads and highways of Barnwell County, 21 Stat., 954, does not provide for a suit in the common pleas court, for damages, to a person, arising from the obstruction of a highway or street by the cars of a railroad, but the only remedy given thereby for obstructing a highway, &c., is by indictment in the Court of General Sessions, or by civil suit in the trial justice court.