Manigault v. Springs
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a bill in equity filed March 4, 1903, by Manigault to enjoin the damming or otherwise obstructing Kinloch Creek, in the county of Georgetown, South Carolina. A demurrer to the bill was sustained, and the bill subsequently dismissed. See 123 Fed.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a bill in equity filed March 4, 1903, by Manigault to enjoin the damming or otherwise obstructing Kinloch Creek, in the county of Georgetown, South Carolina. A demurrer to the bill was sustained, and the bill subsequently dismissed. See 123 Fed. Rep. 708. It seems that, in 1898, the plaintiff and the two defendants, Springs and Lachicotte, together with one Ford, were adjoining riparian owners on the Santee River, at the mouth of Kinloch Creek. The creek furnished access as a highway to all the…
1Opinion of the Court
Mr. Justice Brown,
after making the foregoing statement,. delivered the opinion of the court.
The gravamen of the bill is the alleged impairment by the statute of 1903 of the contract entered into in 1898, by which defendants agreed to remove the dam then existing, and to • allow such creek to remain open and unobstructed.
It was also charged that the constitution of South Caroliná declaring that all navigable waters should forever remain public highways was a privilege annexed to and constituting a part of the value of the lands, and that the damming of the creek, except for the purpose of the…
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