Woods v. Rock Hill Fertilizer Co.
Supreme Court of South Carolina
Before Hon. C. M. Eeird, special Judge, York, July, 1914. Action by Buena Vista Woods against the Rock Hill Fertilizer Company. Judgment for plaintiff, and defendant appeals.
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Before Hon. C. M. Eeird, special Judge, York, July, 1914. Action by Buena Vista Woods against the Rock Hill Fertilizer Company. Judgment for plaintiff, and defendant appeals. The material allegations of the complaint were as follows : (1) That the plaintiff is a resident of the city of Rock Hill, county and State aforesaid, is now and has been for a great number of years the owner and in the possession of the following described real estate, on which is located her dwelling. * * * (3) That the defendant does now, and did at the times hereinafter stated, own and control all that piece, parcel,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action for damages alleged to have resulted to plaintiff from a nuisance (a fertilizer mixing plant, near plaintiff’s residence) and to enjoin the continuance thereof. Defendant moved to strike out certain allegations of the complaint as irrelevant. The motion was granted as to some of them, and refused as to others. Defendant then interposed a demurrer to the complaint, on the ground that it failed to state a cause of action for a private nuisance, which was overruled. At the close of plaintiff’s testimony, defendant…
2Cases cited3 opinions
- McMeekin v. Central Carolina Power Co.Supreme Court of South Carolina · 1908
- Woodstock Hardwood & Spool Mfg. Co. v. Charleston Light & Water Co.Supreme Court of South Carolina · 1909
- Barksdale v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1909
3Cited by22 opinions
- Rice Hope Plantation v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1950
- Babb v. Lee County Landfill SC, LLCSupreme Court of South Carolina · 2013
- Strong v. Winn-Dixie Stores, Inc.Supreme Court of South Carolina · 1962
- Good v. Hartford Accident & Indemnity Co.Supreme Court of South Carolina · 1942
- Brown v. HendricksSupreme Court of South Carolina · 1947
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