Wood v. Pacolet Mfg. Co.
Supreme Court of South Carolina
Before Dantzl^R, J., Spartanburg, December, 1906, Action by Mary E. Wood against Pacolet Mfg. Co. From judgment for plaintiff, defendant appeals. cites: Judge should render his own judgment on equitable issues and not make it depend on verdict of jury: 6 S. C., 212; 9 S. C., 147; 12 S. C., 53; 2-8 S. C., 81. Negligence and wilfulness are distinct causes of action: 64 S. C., 491; 72 S. C., 257; 74 S. C., 237; 61 S. C., 170. Verdict is based on negligence, complaint on…
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Before Dantzl^R, J., Spartanburg, December, 1906, Action by Mary E. Wood against Pacolet Mfg. Co. From judgment for plaintiff, defendant appeals. cites: Judge should render his own judgment on equitable issues and not make it depend on verdict of jury: 6 S. C., 212; 9 S. C., 147; 12 S. C., 53; 2-8 S. C., 81. Negligence and wilfulness are distinct causes of action: 64 S. C., 491; 72 S. C., 257; 74 S. C., 237; 61 S. C., 170. Verdict is based on negligence, complaint on wilfulness: 61 S. C., 170'; 65 S. C., 493; 66 S. C., 544. Decrees in injunctions should be deñnite and certain: 15 Ala., 472 ;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff owns lands on the Pacolet River, adjoining the lands of the defendant, on which its large cotton mills stand. The action was brought for damages, both actual and exemplary, alleged to have been inflicted by the trespass of the defendant in wilfully, oppressively and wantonly blasting out and removing rock from the plaintiff’s land, and to enjoin the defendant from further threatened trespass'. A temporary injunction was granted pending the trial of the cause. On the trial of the issue of trespass and damages flowing…
2Cases cited4 opinions
- Barfield v. Coker & Co.Supreme Court of South Carolina · 1906
- Ruddell v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1906
- Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1902
- Kimbrell v. PageSupreme Court of South Carolina · 1904
3Cited by5 opinions
- Snow v. City of ColumbiaCourt of Appeals of South Carolina · 1991
- Steger v. BarrettCourt of Appeals of Texas · 1909
- Wallace v. A. H. Guion & Co.Supreme Court of South Carolina · 1960
- D. C. Jackson v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fourth Circuit · 1963
- Bolton v. HendrixSupreme Court of South Carolina · 1909