Heape v. Berkeley County
Supreme Court of South Carolina
Before Gary, J., Berkeley; November, 1906. Action by Emma A. Heape against Berkeley County, Joe R. Brown, Nathan Taylor, J. H. Harvey and Daniel T. Baxter. From order sustaining demurrer, plaintiff appeals. cites: There is a distinction between duties of county officers which are of a general governmental character and those which affect particular interests: 2 Dill.
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Before Gary, J., Berkeley; November, 1906. Action by Emma A. Heape against Berkeley County, Joe R. Brown, Nathan Taylor, J. H. Harvey and Daniel T. Baxter. From order sustaining demurrer, plaintiff appeals. cites: There is a distinction between duties of county officers which are of a general governmental character and those which affect particular interests: 2 Dill. Mum Corp., Sec. 966; 20 Ency., 1191, 1196-7; 19 Pick., 516; 4 L. R. A., 594; 36 Minn., 373; 70 Wis., 401; 11 West. R., 333; 1 E. R.A., 296; 78 S. W., 446. The defendants used plaintiff’s property as a dumping ground without…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
On the day of August, 1904, Mrs. Emma A. Heape brought her action against Berkeley County and four of its agents, seeking to recover five thousand dollars damages, alleged resulting to her on a tract of land of four hundred and five acres in said county on account of the following alleged wrong:
“That on or about day of July, 1901, Joe R. Brown, then 'and there being overseer for the road district, including the premises aforesaid, did unlawfully and wrongfully cause to be dug a certain ditch parallel with the public road known as…
2Cases cited2 opinions
- Walker v. Chester CountySupreme Court of South Carolina · 1894
- Matheny v. City of AikenSupreme Court of South Carolina · 1904
3Cited by7 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
- McEachern v. WilsonSupreme Court of South Carolina · 1930
- Moody v. Aiken CountySupreme Court of South Carolina · 1923
- Faust v. Richland CountySupreme Court of South Carolina · 1921
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