Nance v. Georgia &c. Railway Co.

Citations

• 35 S.C. 307
• 14 S.E. 629
• 1892 S.C. LEXIS 158

Syllabus

<p>1. Cause op Action. — A complaint alleged plaintiff’s ownership and possession of a stated number of cross-ties, at or near defendant’s right of way, and their value ; that defendant was a corporation, and unlawfully took possession of these cross-ties and converted them to its own use, to plaintiff’s damage, &c. Held, that the complaint alleged a legal right of plaintiff and its invasion by defendant, and therefore stated facts sufficient to constitute a cause of action.</p> <p>2. “Unlawfully” — Conclusion of Law — Cases Criticised. — The use of the word “unlawfully” does not state a mere conclusion of law ip a case like this, and, indeed, might be rejected as surplusage without affecting the plaintiff’s statement of his cause of action. This case distinguished from cases growing out of an allegation of entry by a railroad company on lands of another to obtain a right of way.</p>