Belton v. Wateree Power Co.

Mr. Chiee Justice Gary

(dissenting) : This is an action by the plaintiff to recover damages alleged to have been sustained by him through the erection and closing of a dam across the waters of the Catawba or Wateree River, thereby creating a large pond of water and causing injury to the plaintiff’s lands, rendering them unfit for residential purposes, greatly depreciating and destroying the value thereof.

The complaint is as follows :

‘T. [This paragraph merely contains formal allegations, which are admitted.]

“2. That the plaintiff is, and was at the times hereinafter mentioned, seized and…