Seaboard Air Line Ry. v. Atlantic Coast Line R. R.

Citations

• 88 S.C. 477

Syllabus

<p>1. Condemnation.- — An injunction to restrain a condemnation proceeding should be granted in a proper case before judgment fixing amount of damages.</p> <p>2. Ibid. — One railroad may obtain a right to cross another when it appears such crossing would not be an unreasonable hindrance of the right of way to be crossed and the consent of the railroad commission is first obtained, and if consent be granted upon conditions precedent, no consent is given until the performance of such conditions.</p> <p>3. Ibid. — Waiver—Estoppel.—The action in this case was brought in due time before judgment in condemnation was rendered and nothing is found in the facts to warrant a conclusion that plaintiff has waived or is estopped to assert that no right to condemn exists.</p>