Legal Opinion

Horres v. Berkeley Chemical Co.

Supreme Court of South Carolina

Decided April 4, 1900PublishedCited by 9 opinions

Before Klugi-i, J., Charleston, March Term, 1899. Action by Fritz Horres, sr., against The Berkeley Chemical Company. The defendant appeals. Measure of damages to grozmng crops: 3 Tex. App., 461; 82 N. C., 292; 10 S. W. R., 575; 11 lb., 123. Speculative damages are not recoverable: 1 McC., 584; 2 Speer, 550; Dud., 185; 10 Rich.

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Before Klugi-i, J., Charleston, March Term, 1899. Action by Fritz Horres, sr., against The Berkeley Chemical Company. The defendant appeals. Measure of damages to grozmng crops: 3 Tex. App., 461; 82 N. C., 292; 10 S. W. R., 575; 11 lb., 123. Speculative damages are not recoverable: 1 McC., 584; 2 Speer, 550; Dud., 185; 10 Rich. Ecp, 232; 25 S. C., 68; 38 S. C., 284; 51 S. C., 480. Rule■ of evidence in actions in tort: 38 S. C., 288; 25 S. C., 70; 54 S. C., 503; 19 S. C., 70; 17 S. C., 73; 15 S. C., 31; 2 McC., 277; 53 S. C., 410. As to zuaiver of objections to testimony by introducing…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

*191i *189The plaintiff by this action sought *190to recover $8,000 damages for the alleged destruction by the defendant, by means of sulphuric acid gas éscapting from its manufactory, on the 21st day of March, 1898, of all the cucumber plants, about five inches high, on about seven acres of land lying southwest, 250 yards from defendant’s factory, and also six acres of strawberries growing 250 yards from said factory. The cause came on for trial before Judge Klugh and a jury, and eventuated in a judgment for $4,600 against defendant. Whereupon…

2Cited by9 opinions

  1. Teller v. Bay and River Dredging Co.California Supreme Court · 1907
  2. McCormick v. StateTennessee Supreme Court · 1916
  3. State v. KileNew Mexico Supreme Court · 1923
  4. Arkwright Mills v. Clearwater Mfg. Co.Supreme Court of South Carolina · 1950
  5. Duke v. ParkerSupreme Court of South Carolina · 1923

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