White v. City of Charleston

Lively, PResident:

The declaration is in case for damages to plaintiff’s lot of land, caused by defendant in lowering the grade of the street on which it abutted.

Defendant filed a special plea in bar to which plaintiff demurred. The trial court sustained the demurrer and certified its ruling for review.

The plea is to the effect that defendant, before it undertook to improve the street on which plaintiff’s property abutted served upon her a notice embodying a resolution passed by the council declaring- the necessity of permanently improving the street “as required by law” and the date set for…