Triplett v. City of Coulumbia
Supreme Court of South Carolina
Before Smith, J., Richland, Summer term, 1917. Action by Vashti Triplett against the City of Columbia. Judgment for defendant, and plaintiff appeals.
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Before Smith, J., Richland, Summer term, 1917. Action by Vashti Triplett against the City of Columbia. Judgment for defendant, and plaintiff appeals. Order of Circuit Court, sustaining demurrer to complaint: Omitting the merely formal parts of the complaint, the plaintiff in this cause alleges, substantially, that for some time prior to the 1st day of June, 1916, the defendant, through the neglect and mismanagement of its agents and employees, permitted a large pool of stagnant water, “about twenty-five feet long by fifteen feet wide, and varying at different times from a foot to four feet in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
We are satisfied with the reasoning upon which the Circuit Court reached the conclusion that this action cannot be maintained under section 3053, Civil Code 1912; and we would not attempt to add anything to the opinion of the learned Judge on that point, but for the contention of appellant that this action falls within the principle upon which this Court rested its decision in the case of Mayrant v. Columbia, 77 S. C. 281, 57 S. E. 857, 10 R. R. A. (N. S.) 1094. That case seems to have been overlooked by the Circuit Court. At any…
2Cases cited13 opinions
- Hopkins v. Clemson Agricultural College of South CarolinaSupreme Court of the United States · 1911
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Dunn v. Town of BarnwellSupreme Court of South Carolina · 1895
- Stone v. City of FlorenceSupreme Court of South Carolina · 1913
- Hutchison v. Town of SummervilleSupreme Court of South Carolina · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Faust v. Richland CountySupreme Court of South Carolina · 1921
- Reeves v. City of EasleySupreme Court of South Carolina · 1932
- McKenzie v. CITY OF FLORENCESupreme Court of South Carolina · 1959
- McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
15 more not listed; retrieve them via the Exa API.