Chick Springs Water Co. v. State Highway Department

Tlie opinion of the Court was delivered by

Mr. Justice Bonham.

There is but one question involved in this appeal, which is from an order of Judge Featherstone’s sustaining a demurrer to the complaint on the ground that the action is res ad judicata because of the decision in the case between the same parties reported in 159 S. C., 481, 157 S. E., 842, 846. The history of that case is that the plaintiff brought suit to recover damages for the overflowing of its property by water backed over it by the embankment created by the State Highway Department in constructing and relocating Highway No.…