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

17842

239 S.C. 227 (1961)

122 S.E.2d 422

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

Supreme Court of South Carolina.

October 31, 1961.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and Fulmer, Barnes & Verner, of Columbia, for Appellant.

Messrs. Frank G. Tompkins, Jr., and John Gregg McMaster, of Columbia, for Respondent.

October 31, 1961.

LEWIS, Justice.

This appeal involves a determination of whether Section 3 of Act No. 627, 1956 Acts of the General Assembly of South Carolina, now Sections 58-841 through 58-843 of the 1960 Supplement to the 1952 Code of Laws, requires the recovery of the fine imposed therein in a civil action or by a criminal prosecution.

The foregoing Act grants to the State Highway Department the power...

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