State v. South Carolina Railway Co.

Citations

• 28 S.C. 23
• 4 S.E. 796
• 1888 S.C. LEXIS 9

Syllabus

<p>1. Under the act of 1852, authorizing a railroad bridge over the Congaree River, provided the bridge be at least 42 feet above the bed of the river, the railroad company pay the expenses of putting hinges on the smoke stacks of steam-boats, and transport certain fertilizers at a fixed rate, the company were bound to keep the bridge at the required height. When, therefore, the bridge was originally built so as to leave more than 42 feet, but by filling up of the bed of the stream, the height had become less, it was an obstruction to navigation not authorized by law.</p> <p>2. Even if the original bridge was sufficient because built at the required height, still a subsequent bridge which when erected was not 42 feet above the bed of the river as it then existed, would not be authorized by this statute.</p>