Privett v. Wilmington, Columbia & Augusta R. R.
Supreme Court of South Carolina
Before Benet, J., Horry, August, 1897. Action for damages for overflow of land by Mary E. Privett v. the Wilmington, Chadbourn and Conway Railroad Company, the Wilmington and Conway Railroad Company and the Wilmington, Columbia and Augusta Railroad Company. The following are the paragraphs of the complaint brought in question: IV.
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Before Benet, J., Horry, August, 1897. Action for damages for overflow of land by Mary E. Privett v. the Wilmington, Chadbourn and Conway Railroad Company, the Wilmington and Conway Railroad Company and the Wilmington, Columbia and Augusta Railroad Company. The following are the paragraphs of the complaint brought in question: IV. That some time during the year 1887, the Wilmington, Chadbourn and Conway Railroad Company constructed a railroad through the aforesaid premises of plaintiff, known as the Wilmington, Chadbourn and ConwayRailroad,raising an embankment through her cultivated fields…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
*100 1
2 *99The appeal herein is from an order *100sustaining a demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action, in that “there is no obstructions complained of, or that this defendant had increased said obstructions since it became the owner of the road.” The reasons assigned by his Honor, the presiding Judge, for sustaining the demurrer satisfy this Court that he was not in error. But as there are allegations in the complaint tending to indicate that the plaintiff intended to state…
2Cited by6 opinions
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- Braudie v. Richland CountySupreme Court of South Carolina · 1950
- Barr v. WitsellSupreme Court of South Carolina · 1934
- Delaney v. Railway CompanySupreme Court of South Carolina · 1900
- Foreman v. Augusta-Aiken Ry.Supreme Court of South Carolina · 1921
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