Henry v. Southern Ry.
Supreme Court of South Carolina
Before Wilson, J., Fairfield,--, 1911. Action by Edward Henry against Southern Railway Company. Plaintiff appeals. cite: Damages for mental anguish are not recoverable in such case: 28 S. C. 485. Witness should not be required to anszver an opinion question on a subject on which he is not an expert: 90 S. C. 267. Agreement to maintain dam need not be recorded: 70 S. C. 528; 71 S. C. 153; 17 Ency. 698. Defendant could do all things necessary to the enjoyment of the dam not…
Read the full summary
Before Wilson, J., Fairfield,--, 1911. Action by Edward Henry against Southern Railway Company. Plaintiff appeals. cite: Damages for mental anguish are not recoverable in such case: 28 S. C. 485. Witness should not be required to anszver an opinion question on a subject on which he is not an expert: 90 S. C. 267. Agreement to maintain dam need not be recorded: 70 S. C. 528; 71 S. C. 153; 17 Ency. 698. Defendant could do all things necessary to the enjoyment of the dam not done negligently: 13 S. C. 99; 34 S. C. 66; 47 S. C. 464; 47 S. C. 485; 67 S. C. 181; 71 S. C. 158. The opinion in this…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Watts.
This was an action by the plaintiff against the defendant for actual and exemplary damages and was tried before the Pión. John S. Wilson, presiding Judge, and a jury, at Winnsboro, South Carolina, and resulted in a verdict for defendant. It appears from the evidence and pleadings in the case, that the defendant entered into an agreement with W. B. Creight in 1901, and by that agreement the defendant acquired the right to erect and maintain a dam on a stream on Creight’s land for the purpose of operating a pumping station to supply…
2Cases cited8 opinions
- Martin v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1904
- Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
- Leitzsey v. Columbia Water Power Co.Supreme Court of South Carolina · 1896
- Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1905
- Virginia-Carolina Chemical Co. v. KirvenSupreme Court of South Carolina · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Padgett v. Colonial Wholesale Distributing Co.Supreme Court of South Carolina · 1958
- Whitten v. American Mutual Liability InsuranceDistrict Court, D. South Carolina · 1977
- Galloway v. General Motors Acceptance CorporationCourt of Appeals for the Fourth Circuit · 1939
- Fraser v. Fred Parker Funeral HomeSupreme Court of South Carolina · 1941
- Fredericks v. Commercial Credit Co.Supreme Court of South Carolina · 1928
4 more not listed; retrieve them via the Exa API.