Gray v. Charleston & Western Carolina Ry. Co.
Supreme Court of South Carolina
Before Watts, J., Laurens, August, 1907. Action by Gray and Shealy against Charleston a,nd Western Carolina Railway Company. From judgment for defendant, plaintiffs appeal. Messrs. Stanyarne Wilson and Sanders & DePass cite: Private person may maintain action for obstructing street: 49 S. C., 130; 30 S. C., 546; 5 Rich.
Read the full summary
Before Watts, J., Laurens, August, 1907. Action by Gray and Shealy against Charleston a,nd Western Carolina Railway Company. From judgment for defendant, plaintiffs appeal. Messrs. Stanyarne Wilson and Sanders & DePass cite: Private person may maintain action for obstructing street: 49 S. C., 130; 30 S. C., 546; 5 Rich. L-, 583. Witness may give opinion as to whether chute was a nuisance: 61 S. C., 337; 73 S. C., 369; 73 S. C., 359; 63 C., 393. Evidence as to failure to rent houses should have been admitted: 35 S. C., 36 ; 61 S. C., 337.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action was to recover damages for an alleged nuisance and abatement thereof, and resulted in a verdict and judgment for defendant.
The complaint charged that the nuisance was created by the defendant’s erecting on its premises, in the town of Laurens, a high coaling chute, the operation of which causing smoke, dust, cinders and noise, day and night, to the injury of plaintiffs’ abutting property. The complaint further alleged nuisance in that the erection of the coal chute obstructed Hance street, a public highway of Laurens, and…
2Cases cited6 opinions
- Baltzeger v. Car. Midland Ry. Co.Supreme Court of South Carolina · 1899
- Steamboat Co. v. Railroad Co.Supreme Court of South Carolina · 1889
- Threatt v. Brewer Mining Co.Supreme Court of South Carolina · 1897
- South Carolina Steamboat Co. v. Wilmington, Columbia & Augusta RailroadSupreme Court of South Carolina · 1896
- Cherry v. City of Rock HillSupreme Court of South Carolina · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
- Carolina Power & Light Co. v. South Carolina Public Service AuthorityCourt of Appeals for the Fourth Circuit · 1938
- Bethel Methodist Episcopal Church v. City of GreenvilleSupreme Court of South Carolina · 1947
- Belton v. Wateree Power Co.Supreme Court of South Carolina · 1922
- Huggin v. Gaffney Development Co.Supreme Court of South Carolina · 1956
1 more not listed; retrieve them via the Exa API.