Fanning v. Stroman
Supreme Court of South Carolina
Action by Curtis C. Fanning against Jacob Stroman and another. Judgment for plaintiff, and defendants appeal. submit: Two of the necessary elements of a public road are lacking, it should have been used for public purposes, and it should have been used by the public generally: 39 S. C. 24; 2d Hill 387; 1st McC. 243. Both termini must be in a public highway or public place in order for the road to be a public road: 107 S. C. 132; 1 Strob. 110. Plaintiff cannot claim that he…
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Action by Curtis C. Fanning against Jacob Stroman and another. Judgment for plaintiff, and defendants appeal. submit: Two of the necessary elements of a public road are lacking, it should have been used for public purposes, and it should have been used by the public generally: 39 S. C. 24; 2d Hill 387; 1st McC. 243. Both termini must be in a public highway or public place in order for the road to be a public road: 107 S. C. 132; 1 Strob. 110. Plaintiff cannot claim that he had acquired a private right of zvay over the road in question by use thereof with the public for more than twenty years,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action to recover damages resulting to the plaintiff from the obstruction, by the defendants, of a way leading over their lands to about 12 acres of land which the plaintiff had rented from one Tarrant; the damages extending over the years 1915, 1916 and 1917.
The demand in the complaint was not only for damages, but for an injunction pendente lite and for a permanent injunction restraining the defendants from obstructing the way.
After hearing of motion in the way of application for injunction before Judge Moore, who…
2Cited by11 opinions
- Brown v. HendricksSupreme Court of South Carolina · 1947
- Carolina Power & Light Co. v. South Carolina Public Service AuthorityCourt of Appeals for the Fourth Circuit · 1938
- Brockington v. LynchSupreme Court of South Carolina · 1922
- Kennedy Lumber Co. v. RickbornCourt of Appeals for the Fourth Circuit · 1930
- Caines v. Marion Coca-Cola Bottling Co.Supreme Court of South Carolina · 1941
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