McDaniel v. Walker
Supreme Court of South Carolina
Before Izlar, J., Florence, February, 1894. Action by Randall McDaniel against T. J. Walker for removal of defendant’s mill-dam, and for damages for overflowing plaintiff’s land.
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Before Izlar, J., Florence, February, 1894. Action by Randall McDaniel against T. J. Walker for removal of defendant’s mill-dam, and for damages for overflowing plaintiff’s land. The judge charged the jury as follows: Mr. Foreman and gentlemen of the jury: The plaintiff, McDaniel, brings this action against the defendant, Walker, to recover damages alleged to have been sustained by the plaintiff from back water caused by the mill-dam of the defendant, and to have the alleged nuisance abated. The plaintiff alleges in his complaint that he is the owner 'of a tract of land, containing 111 acres,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. ChiEE Justice McIver.
This was an action to recover damages for flowing the lands of the plaintiff by the waters of defendant’s mill-pond. A brief statement of certain undisputed facts is necessary for a proper understanding of the questions presented by this appeal. As far back as the year 1838, Joseph Hodge ond Owen Bockhart bought a large tract of land from H. D. Baw, upon which there was a mill-site; that as set forth in the answer of Owen Bock-hart, in the proceeding for partition, afterwards referred to, there was an agreement between those…
2Cited by1 opinion
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