Shores v. Southern Ry.
Supreme Court of South Carolina
Before Buchanan, J., Spartanburg, fall term, 1903. Action by W. L. Shores against Southern Railway Co. From judgment for plaintiff, defendant appeals. cites: Appellant is not liable for culvert built by lessor without demand to remove or unless it is too• small: 47 S'. C, 476; 52 S. C., 404; 54 S. C., 98; 58 S. C., 359. No liability for water doming in natural way in natural channel: 13 S. C., 99. Value of crops which land nuay produce is not measure of damages to it: 38 S.…
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Before Buchanan, J., Spartanburg, fall term, 1903. Action by W. L. Shores against Southern Railway Co. From judgment for plaintiff, defendant appeals. cites: Appellant is not liable for culvert built by lessor without demand to remove or unless it is too• small: 47 S'. C, 476; 52 S. C., 404; 54 S. C., 98; 58 S. C., 359. No liability for water doming in natural way in natural channel: 13 S. C., 99. Value of crops which land nuay produce is not measure of damages to it: 38 S. C., 289; 57 S. C., 190. Cost of ditching cannot be shown by a witness who has not known land: 65 S. C., 422. Instructing…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
This is an action for damages brought by plaintiff against the defendant. The complaint stated the cause of action as follows:
“3. That the plaintiff is seized in fee and possessed of a tract of land in said county and State, about one and one-half miles west of the town of Fairforest, on Foster’s Meeting House Branch, containing 191 acres, more or less, fifteen or twenty acres of which are valuable bottom lands on said branch, and are situated about 300 yards below the point where defendant’s line of railroad crosses said Meeting…
2Cases cited5 opinions
- Townes v. City CouncilSupreme Court of South Carolina · 1898
- Privett v. Wilmington, Columbia & Augusta R. R.Supreme Court of South Carolina · 1899
- Delaney v. Railway CompanySupreme Court of South Carolina · 1900
- Gentry v. Richmond, R. R.Supreme Court of South Carolina · 1893
- Wallace v. Columbia, &c., RailroadSupreme Court of South Carolina · 1892
3Cited by1 opinion
- Brewer v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1929