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S.C. STATE HWY. DEPT. v. SOUTHERN RWY. CO.

17816

239 S.C. 1 (1961)

121 S.E.2d 236

SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant, v. SOUTHERN RAILWAY COMPANY, Respondent.

Supreme Court of South Carolina.

August 3, 1961.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and Grady L. Patterson, Jr., Assistant Attorney General, of Columbia. and Bolt & Bowen, of Greenville, for Appellant.

Messrs. Rainey, Fant & Horton, of Greenville, and Frank G. Tompkins, Jr., of Columbia, for Respondent.

August 3, 1961.

TAYLOR, Chief Justice.

This appeal arises out of an action brought by the South Carolina Highway Department against Southern Railway Company condemning for highway purposes a portion of defendant's right-of-way in Greenville County. A hearing before the Board of Condemnation was held, and resolution fixing the amount of compensation and damages was duly filed. The defendant Railway Company appealed to...

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