Legal Opinion

Woodstock Hardwood & Spool Mfg. Co. v. Charleston Light & Water Co.

Supreme Court of South Carolina

Decided November 29, 1909No. 7392PublishedCited by 10 opinions

Before Klugh, J., Berkeley, Action by the Woodstock Hardwood Spool Mfg. Co. against Charleston Light and Water Co. From judgment for plaintiff, defendant appeals. Messrs.

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Before Klugh, J., Berkeley, Action by the Woodstock Hardwood Spool Mfg. Co. against Charleston Light and Water Co. From judgment for plaintiff, defendant appeals. Messrs. Mitchell, Whaley & Bissell, cite: Appellant was not a tresspasser: 10 Ency., 1111, 1114; 21 Ency., 737; 35 S. C., 488, 501. Instruction to award more than actual damage is error: 28 Ency., 605. Injury must he direct: 30 S. C., 539; 1 Hill., 365; 3 S. C., 447; 46 S. C., 377; 68 S. C., 540; 54 S. C., 242. Evidence as to capital stock: 16 S. C., 556; 25 S. C., 322; 29 S. C., 518; 30 S. C., 497; 35 S. C., 197; 38 S. C., 258; 33…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This is an appeal from a judgment of $25,000 recovered by the plaintiff against the defendant for damages alleged to have been inflicted on the plaintiff by the erection of a dam on Goose Creek, which flooded the lands leased to the plaintiff, injured its timber and destroyed its business. This appeal is the culmination of a litigation which has taken such varying forms that in order to present the real issues an extended statement of facts is necessary, and logical sequence in making the statement requires repetition in condensed…

2Cases cited4 opinions

  1. Watson v. New York Central RailroadNew York Court of Appeals · 1872
  2. Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
  3. Charleston & Western Car. Ry. Co. v. ReynoldsSupreme Court of South Carolina · 1904
  4. Ross v. Railway Co.Supreme Court of South Carolina · 1890

3Cited by10 opinions

  1. Snow v. City of ColumbiaCourt of Appeals of South Carolina · 1991
  2. RCA Photophone Inc. v. HuffmanCalifornia Court of Appeal · 1935
  3. Nalle v. EavesTexas Commission of Appeals · 1928
  4. Woods v. Rock Hill Fertilizer Co.Supreme Court of South Carolina · 1915
  5. State Ex Rel. City of Miles v. Northern Pacific Railway Co.Montana Supreme Court · 1930

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