Lampley v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Gary, J., Darlington, spring term, 1901. Action by John C. Lampley against Atlantic Coast Line R. R. Co. From judgment in favor of plaintiff and order as to new tjial, both parties appeal. Messrs.
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Before Gary, J., Darlington, spring term, 1901. Action by John C. Lampley against Atlantic Coast Line R. R. Co. From judgment in favor of plaintiff and order as to new tjial, both parties appeal. Messrs. Stevenson & Matheson cite: Overñow waters of a river are not surface water: 44 Ohio St., 282; 48 Ohio St., 63; 20 E. C. L. R., 498. If surface water or not, defendant is liable: Brandenberg v. Zeigler, and Cain v. Ry., 62 S. C., 22 Stat., 489. As to estimating damages to immature crops: Horres v. Chem. Co., 57 S. C. The first cites: Defendant can dam back surface water and not be liable: 54…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The complaint sets forth two causes of action. The railroad track crosses the Pee Dee River and runs for about three miles through the low grounds, and when there is a flood the river is about three miles wide. The track is laid on embankments through these low grounds, with occasional openings, on trestle work. The plaintiff owns land both above and below the railroad, and also leased and planted a large tract above the railroad. There was testimony to the effect that the means of escape for the water were insufficient. The plaintiff…
2Cited by6 opinions
- Barfield v. Coker & Co.Supreme Court of South Carolina · 1906
- Fisher v. J.H. Sheridan Co., Inc.Supreme Court of South Carolina · 1936
- Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
- Amerson v. F. C. X. Cooperative Service, Inc.Supreme Court of South Carolina · 1955
- Wood v. Pacolet Mfg. Co.Supreme Court of South Carolina · 1908
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