Lee v. Southern Railway Co.

Taylor, Justice.

Appellant in this case seeks injunctive relief and to recover for damage done to certain real estate and a gladiolus crop thereon alleged to have been caused by Defendant’s construction of a passing track and resulting diversion and concentration of surface waters thereon.

Respondent’s answer amounts to a general denial of the material allegations of the complaint and pleads that the passing track was constructed on its right-of-way.

Upon call of the case for trial in the Court of Common Pleas for Spartanburg County, the trial Judge excluded both in chief and in reply evidence…