Townes v. City Council
Supreme Court of South Carolina
Before Aldrich, J., Edgefield. Action by G. W. Townes and H. H. Townes v. City Council of Augusta. Upon motion for nonsuit, the Judge made the following remarks: I shall endeavor as briefly as I can to announce my conclusion upon the several grounds upon which this motion is asked, or as many of them as may be essential to pass .upon. 1st. “That the plaintiffs cannot retain the benefit of any contract, and at the same time be relieved from any burden or any consequence which…
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Before Aldrich, J., Edgefield. Action by G. W. Townes and H. H. Townes v. City Council of Augusta. Upon motion for nonsuit, the Judge made the following remarks: I shall endeavor as briefly as I can to announce my conclusion upon the several grounds upon which this motion is asked, or as many of them as may be essential to pass .upon. 1st. “That the plaintiffs cannot retain the benefit of any contract, and at the same time be relieved from any burden or any consequence which flows from the contract.” This case has been before the Supreme Court of this State, and was there considered, and it…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
1 This case has been here once before. 46 S. C., 15. The appeal now is from an order granting a nonsuit. The grounds of the motion for non-suit, and the reasons of the Circuit Judge for granting the same, may be seen by reference to the remarks of the Circuit Judge thereon, as printed in the official report of this case. The action is to recover damages for maintaining a dam across the Savannah River, whereby the water is raised in the channel of the river, thereby overflowing and water-soaking, and thus rendering unfit for…
2Cited by7 opinions
- Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
- Southern Railway-Carolina Division v. HowellSupreme Court of South Carolina · 1911
- Duke Power Co. v. RutlandCourt of Appeals for the Fourth Circuit · 1932
- Shores v. Southern Ry.Supreme Court of South Carolina · 1905
- Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
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