Parish v. Town of Yorkville
Supreme Court of South Carolina
Before SeasE, J-, York, Fall term, 1912. Action by Raura E. Parish against Town of Yorkville. Plaintiff appeals. Messrs.
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Before SeasE, J-, York, Fall term, 1912. Action by Raura E. Parish against Town of Yorkville. Plaintiff appeals. Messrs. Marion & Marion cite: Where statutory condemnation is given, it is exclusive: 68 S. C. 179; 47 S. C. 484. These statutes do not apply here: 38 S. C. 308; 59 S. C. 377. The Court of Common Pleas is the Court to give the relief: 59 S. C. 377. Plaintiff cannot be deprived of her property without compensation: 221 U. S. 636; 172 U. S. 269. Corporation is not exempt from suit: 87 S. C. 118 ; 221 U. S. 636; 118 U. S. 19; 19 How. 263; 1 Black 39; 2 Black 590. Defendant should…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrtck.
Plaintiff attempted to set up two causes of action in her complaint. Divested of unnecessary verbiage, the material allegations of the first cause of action are: That, since the year 1908, the defendant has emptied the sewage of the town of Yorkville into a stream which flows through plaintiff’s land, thereby polluting the waters thereof to her injury and damage; that said use of her property was begun without notice to her, and without her consent, and without acquiring the right thereto, or making compensation therefor, in the…
2Cases cited12 opinions
- Charleston & Western Car. Ry. Co. v. ReynoldsSupreme Court of South Carolina · 1904
- Columbia Water Power Co. v. NunamakerSupreme Court of South Carolina · 1906
- Georgia, Railway Co. v. RidlehuberSupreme Court of South Carolina · 1893
- South Carolina Western Railway v. EllenSupreme Court of South Carolina · 1913
- Paris Mountain Water Co. v. City Council of GreenvilleSupreme Court of South Carolina · 1898
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3Cited by15 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Smith v. City of GreenvilleSupreme Court of South Carolina · 1956
- Jacobs v. City of SeattleWashington Supreme Court · 1916
- McKenzie v. CITY OF FLORENCESupreme Court of South Carolina · 1959
- McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
10 more not listed; retrieve them via the Exa API.