Kneece v. City of Columbia

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action for damages on account of the alleged negligent installation and management of an incinerator, whereby the plaintiff’s property had been damaged by reason of the noxious and disagreeable odors consequent upon its operation. From a judgment of $450 in favor of the plaintiff, the defendant has appealed.

The appellant relies upon the following propositions for a reversal of the judgment: (1) That the cause of action stated in the complaint is not maintainable against a municipal corporation, in the absence of a statute…