Moseley v. South Carolina Highway Department

Oxner, Justice.

The question presented may be briefly stated as follows: Is the State Highway Department exempt from liability for compensation where in the course of constructing or improv ing a state highway within a municipality, it takes private property for public use? The Court below held that it was not exempt. On this appeal, the Department contends that the sole liability for damages sustained by the landowner rests under the statute upon the municipality.

Plaintiff, the owner of a lot of land in the town of McBee, upon which a hotel is located, brought this action against the State…