COLUMBIA RY. v. SOUTH CAROLINA

No. 297.

261 U.S. 236 (1923)

COLUMBIA RAILWAY, GAS & ELECTRIC COMPANY v. STATE OF SOUTH CAROLINA.

Supreme Court of United States.

Decided February 19, 1923.


Attorney(s) appearing for the Case

Mr. William Elliott and Mr. Jo-Berry S. Lyles, with whom Mr. R.B. Herbert and Mr. W.C. McLain were on the briefs, for plaintiff in error.

Mr. S.M. Wolfe, Attorney General of the State of South Carolina, and Mr. J. Fraser Lyon for defendant in error.


MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

This was an action brought by the State against the defendant (plaintiff in error) to recover possession of a certain canal property, known as the Columbia Canal, on the ground that the defendant had forfeited the same by reason of its failure to fulfill certain conditions subsequent upon which its continued title depended. Prior to the year 1887 a small canal, following...

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