Baltzeger v. Car. Midland Ry. Co.
Supreme Court of South Carolina
Before Watts, J., Aiken, March, 1898. Action by G. Jones Baltzeger v. Carolina Midland Railway Co. for damages and to abate a nuisance. From order sustaining demurrer and dismissing complaint, plaintiff appeals.
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Before Watts, J., Aiken, March, 1898. Action by G. Jones Baltzeger v. Carolina Midland Railway Co. for damages and to abate a nuisance. From order sustaining demurrer and dismissing complaint, plaintiff appeals. Nuisances: 81 A. D., 588; 54 A. D., 347; 3 S. C, 438; 47 A. D., 255; 108 U. S., 317; 24 A. D., 161; 15 A. S. R., 840. That the defendant is the ozvner of the land upon which the nuisance is maintained, is no excuse: 108 U. S., 317. Action may be maintained by one in possession without title: 68 A. D., 145. A party suffering special damages may sue to abate a public nuisance: 73 A. D.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The appeal herein is from an order sustaining a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action. The complaint is as follows: I. The first paragraph merely alleges the corporate existence of the defendant. “11. That the plaintiff is the owner of the following described real estate, to wit: All that lot of land, with the improvements thereon, containing three acres, more or less, situate within the corporate limits of the town of Wagener,* * * which said premises lie west…
2Cases cited1 opinion
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- Sullivan v. American Mfg. Co. of MassachusettsCourt of Appeals for the Fourth Circuit · 1929
- Touchberry v. Northwestern R. R.Supreme Court of South Carolina · 1911
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