Slater v. Price
Supreme Court of South Carolina
Before Wilson, J., Darlington, Spring term, 1912. Action by Wiley Slater and Amos Slater against W. W. Price and Irvin Price. Defendants appeal. Judge's Charge. “Mr. Foreman and Gentlemen of the Jury: Wiley Slater and Amos Slater, as plaintiff’s sue W. W. Price and Irving Price for damages.
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Before Wilson, J., Darlington, Spring term, 1912. Action by Wiley Slater and Amos Slater against W. W. Price and Irvin Price. Defendants appeal. Judge's Charge. “Mr. Foreman and Gentlemen of the Jury: Wiley Slater and Amos Slater, as plaintiff’s sue W. W. Price and Irving Price for damages. They claim in the first paragraph of the complaint that at the times stated in there that you have heard, you can have the complaint and see it, that the plaintiffs were the owners and in the peaceable possession of the place described in the complaint, and that is admitted by the answer. Then, they go on…
1DissentJustice Hydrick
I think the second, third and fourth exceptions should be sustained. The trial in the Circuit Court proceeded on the theory that the complaint alleged a cause of action for the obstruction of an easement which plaintiffs claimed on two grounds: 1. By prescriptions. 2. As a quasi continuous and apparent easement, which was created in favor of plaintiffs’ land and imposed as a burden upon defendants’ land by one Reynolds, while he owned both tracts, and was existing as such, when the unity of title and possession was severed.
After stating the issues and the law relative to surface water the…
2Cases cited5 opinions
- Crosland v. RogersSupreme Court of South Carolina · 1890
- Bailey v. GraySupreme Court of South Carolina · 1898
- State v. TylerSupreme Court of South Carolina · 1899
- State v. KendallSupreme Court of South Carolina · 1899
- State v. RodmanSupreme Court of South Carolina · 1910