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White v. Southern Ry. Co., 142 S.C. 284, 140 S.E. 560, 57 A.L.R. 634

Facts

A. L. White, along with his family, granted an option to the Southern Railway Company to purchase property for a right of way, which was later conveyed for $11,000. The railway subsequently raised the grade of a public highway adjacent to White's property, causing damage. White claimed damages for the impact on his remaining property, leading to this lawsuit after a jury awarded him $15,000. The railway contended that the damages were covered by the release in the deed.

The respondent, together with his brother, his son, and his daughter, executed an option giving the Southern Railway Company the right to purchase, for the sum of $25,000, certain property for use as a right of way in constructing a new belt line, the option being dated March 19, 1924, and running for 60 days, but being thereafter extended to June 5, 1924.

Issue

Did the release executed by A. L. White in the deed to the Southern Railway Company cover the damages claimed by White due to the raising of the highway?

Did the release executed by A. L. White in the deed to the Southern Railway Company cover the damages claimed by White due to the raising of the highway?

Rule

A release in a deed does not bar claims for damages that are not a necessary result of the construction and operation of the railroad, particularly when the damages arise from actions taken for the benefit of the railroad that were not contemplated at the time of the deed.

A release in a deed does not bar claims for damages that are not a necessary result of the construction and operation of the railroad, particularly when the damages arise from actions taken for the benefit of the railroad that were not contemplated at the time of the deed.

Analysis

The court analyzed the language of the release in the deed and determined that it did not encompass damages resulting from the raising of the highway, as this action was not a necessary result of the railroad's construction. Testimony indicated that the raising of the highway was not anticipated by White at the time of the deed, and the jury was properly instructed to consider this evidence.

The court analyzed the language of the release in the deed and determined that it did not encompass damages resulting from the raising of the highway, as this action was not a necessary result of the railroad's construction. Testimony indicated that the raising of the highway was not anticipated by White at the time of the deed, and the jury was properly instructed to consider this evidence.

Conclusion

The court affirmed the judgment in favor of A. L. White, concluding that the damages he suffered were not covered by the release in the deed and that he was entitled to compensation for the injuries to his property.

The court affirmed the judgment in favor of A. L. White, concluding that the damages he suffered were not covered by the release in the deed and that he was entitled to compensation for the injuries to his property.

Who won?

A. L. White prevailed in the case because the court found that the damages he claimed were not included in the release he executed, and he was entitled to compensation for the injuries to his property.

A. L. White prevailed in the case because the court found that the damages he claimed were not included in the release in the deed, and he was entitled to compensation for the injuries to his property.

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