Title 58, Public Utilities, Services and Carriers

Any right of action given by this article to a person suffering injury shall survive to his personal representatives, for the benefit of (a) the surviving widow or husband and children of such employee, (b) if none, such employee's parents and (c) if none, then of the next of kin…

No action shall be maintained under this article unless commenced within two years from the day the cause of action accrued.

In any action brought against any such common carrier under or by virtue of any of the provisions of this article such common carrier may set off therein any sum it has contributed or paid to any insurance, relief, benefit or indemnity that may have been paid to the injured emplo…

Punitive damages shall not be recoverable in cases arising under this article except under circumstances under which exemplary damages are recoverable in cases arising under SECTION 58-17-3950.

Any such corporation may make bylaws, rules and regulations in relation to its business, the number of its directors and the times and places of holding meetings of the stockholders and directors and may alter and change such bylaws as may be deemed expedient; provided, that such…

Nothing in this article shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under any other law not inconsistent with the provisions of this article but the remedies and provisions herein shall be held to be in addition to, a…

Any such corporation may issue capital stock to such an aggregate amount as may be deemed necessary, not exceeding the amount named in its certificate of organization.

Railroad corporations shall be liable to landowners for all damages resulting from the wrongful obstruction of watercourses by such corporations and it shall not be necessary to allege and prove that such damages resulted from the negligent construction of the road or other works…

Every railroad corporation shall be responsible in damages to any person whose buildings or other property may be injured by fire communicated by its locomotive engines or originating within the limits of the right of way of such road in consequence of the act of any of its autho…

Any railroad in this State refusing to obey any order of the Public Service Commission made under this chapter must forfeit not less than the sum of five hundred dollars nor more than two thousand dollars, to be recovered by the suit of the Office of Regulatory Staff in a suit in…

If any railroad company doing business in this State, by its agents or employees, is guilty of a violation of the rules and regulations provided and prescribed by the commission and if, after due notice of a violation given by the Office of Regulatory Staff to the principal offic…

If any railroad company doing business in this State shall, in violation of any rule or regulation provided by the Commission, inflict wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county in which such wrong o…

All suits under Section 58-17-3950 shall be brought within twelve months of the commission of the alleged wrong or injury.

Each and every act, matter or thing in this chapter declared to be unlawful is hereby prohibited.

If any person commits or allows to be committed any act, matter, or thing in this chapter declared to be unlawful, omits to do any act, matter, or thing in this chapter required to be done, or is guilty of any violation of any of the provisions of this chapter, that person must, …

Any action brought as provided in Section 58-17-3980 to recover any penalty or damages shall be regarded as a subject of equity jurisdiction and discovery and affirmative relief may be sought and obtained therein. In any such action so brought as a case of equitable cognizance, p…

The provisions of the General Railroad Law shall apply to all property, to the receiving, delivery, loading, unloading, handling, storing or carriage of property on one actually or substantially continuous carriage, or as part of such continuous carriage and to the compensation t…

Any such corporation may make and issue bonds bearing such rate of interest, not exceeding seven per cent per annum, payable at such times and places and in such amount or amounts as it may deem expedient and may sell and dispose of such bonds at such prices and in such manner as…

No action provided for in Sections 58-17-3980 and 58-17-3990 shall be sustained unless brought within two years after the cause of action shall accrue.

In any action under Section 58-17-3980 and upon any application for any injunction under Section 58-17-3990 any director, officer, receiver or trustee of any railroad corporation or company or any receiver, trustee or person operating any railroad company or any agent of any such…

Any director or officer of any railroad corporation or company or any receiver, trustee, lessee or person acting or engaged as a railroad or any agent of any such corporation or company, receiver, trustee, lessee or person, or of one of them alone or with any other corporation, p…

When an engineman, fireman or other agent or officer of a railroad corporation is guilty of negligence or carelessness whereby an injury is done to any person he shall be punished by imprisonment not exceeding twelve months or by a fine not exceeding one thousand dollars.

Whoever, having management of, or control over, a railroad train while being used for the common carriage of persons, is guilty of gross carelessness or neglect in, or in relation to, the management or control thereof shall forfeit a sum not exceeding five thousand dollars or be …

Any engineer, conductor or other agent or employee of any railroad company in this State who shall wilfully neglect to observe or shall wilfully violate any rule or regulation of the company to which such engineer or conductor may belong, whereby any person shall sustain or be in…

If any person shall have contracted to deliver to any other person within this State certain commodities, no common carrier doing business in this State over whose road such commodities would be transported before delivery to the consignee shall interfere with the fulfillment of …

Any common carrier violating the provisions of Section 58-17-4060 shall be liable to such damages, including special and punitive damages, as may be found in an action maintained in the courts of this State. Any shipper or proposed consignee bringing suit for violation of the ter…

If any person, including any conductor of any train of railroad cars or any other agent or servant of any railroad company, shall obstruct unnecessarily any public road or highway by permitting any railroad car or locomotive to be or remain upon or across any street, public road …

If any person shall by himself or others place, or cause to be placed, on the track or other part of the passageway of any railroad on which steam engines, diesel engines or any other type engines or handcars are used any timber, stone or other obstruction, with intent to injure …

(A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks unless the person: (1) is an employee of the railroad which owns the right-of-way in the performance of his duties; (2) has authority from the railroad which owns the right-of-w…

(A) It is unlawful, without proper authority, for a person to trespass upon railroad tracks. (B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

Any such corporation may so establish sinking funds for the payment of its liabilities.

A person who wilfully discharges any kind of firearms or throws any kind of missile at or into the engine or any car of a train is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years.

Whoever, without right, loiters or remains within any station house of a railroad corporation or upon the platform or grounds adjacent to such station, after being requested to leave the same by any authorized railroad officer or employee, shall be guilty of a misdemeanor and, on…

Any person occupying an office or room in any railway station and attending to and transacting therein the business of any railroad under the charter of such railroad shall be deemed the agent of such corporation, notwithstanding he may claim to be the agent of some other person …

When a railroad laid out and constructed by one corporation is lawfully maintained and operated by another corporation, the latter shall be subject to the duties, liabilities, restrictions and other provisions as they are set forth in the General Railroad Law respecting or arisin…

All fines or forfeitures provided for or prescribed in the General Railroad Law must, unless otherwise expressly provided, be collected by an action to be brought in the name of the State against the offending person or corporation in any court of competent jurisdiction by the Of…

Any judgment under the provisions of this chapter shall be rendered against the person violating its provisions and against the corporation in whose service or under whose authority he performed such unlawful acts.

Whenever railroad cars and engines are in use on railroads and making regular passage thereon, they shall not be attached upon mesne process in any suit within forty-eight hours previous to their fixed time of departure unless the officer making such attachment shall have first d…

Whenever a railroad corporation of this State has repeatedly and wilfully violated any of the provisions of this chapter, and has been found guilty or judgment had against it within this State of the violation more than once or penalties have been recovered in penal actions for t…

No request or advice of the Commission shall impair, in any manner or degree, the legal duties and obligations of any railroad corporation or its liability for the consequence of its acts or of the neglect or mismanagement of any of its agents or servants.

This chapter shall not be so construed as to affect the right of any person injured by the violation of any law in regard to railroad corporations from prosecuting or proceeding for his private damages in any manner allowed by law.

Any railroad corporation formed under the provisions of this article shall be subject, as to the charter of such corporation, to the provisions of Section 12-401 of the Code of Laws of South Carolina, 1962, any provision in the original charter of the company which owned or held …

A copy of such certificate, attested by the Secretary of State or his deputy, shall, in all courts and places, be evidence of the due organization and existence of such corporation and of the matters specified in such certificate.

The provisions of this chapter shall apply to all railroads and railways and to the corporations, trustees, receivers or others owning or operating them.

No ownership or shares of the capital stock of one corporation by another corporation, nor any lease, contract or other agreement between corporations or individuals shall operate as a bar to the provisions of the General Railroad Law.

Any railroad company organized under the laws of this State and operating a railroad, whether wholly within or partly within and partly without this State, under the authority of this State, or of this State and any adjoining state, may consolidate its capital stock, franchises, …