Thomas v. Greenville-Carolina Power Co.
Supreme Court of South Carolina
Before DrVore, J., Greenville, March, 1915. Action- by Elizabeth M. Thomas against the GreenvilleCarolina Power Company. From a judgment for plaintiff, both parties appeal. cite: As to construction of deed from Mrs. Thomas: 17 S. C. 132; 68 S. C. 470; Preamble, 3 McC. L. (14 S. C. L.) 298; 2 Bail.- (18 S. C. E.) 430; 62 Am.
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Before DrVore, J., Greenville, March, 1915. Action- by Elizabeth M. Thomas against the GreenvilleCarolina Power Company. From a judgment for plaintiff, both parties appeal. cite: As to construction of deed from Mrs. Thomas: 17 S. C. 132; 68 S. C. 470; Preamble, 3 McC. L. (14 S. C. L.) 298; 2 Bail.- (18 S. C. E.) 430; 62 Am. St. Rep. 485; 3 Woods 660; 9 Pet. 317; 76 Va. 484; Potter’s Dwarris, Stats. 265; Endlich, Stats., sec. 63; Sutherland, Statutory Construction, sec. 212; 23 A. & E. Enc. of E. 329; 58 N. E. 498. cite: As to construction of deed: 32 S. C. 429; Lewis Em. Domain, sec. 566; 47…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Hydrick.
This was an action for damages to plaintiff’s lands caused by backwater from defendant’s dam. Plaintiff owns three separate and distinct tracts. One lies on Saluda River; another on Shoal Creek, which empties into the river about a mile above the river tract; the third is on Doddie’s Creek, which empties into the river about three-quarters of a mile below the river tract.
1 In 1907 defendant erected a dam across the river a few miles below plaintiff’s lands. In 1909 plaintiff executed a deed to defendant wherein it was recited that…
2Cases cited2 opinions
- Wallace v. ColumbiaSupreme Court of South Carolina · 1891
- Reid v. Courtenay Mfg. Co.Supreme Court of South Carolina · 1904
3Cited by5 opinions
- Cover v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1956
- Binkley v. Rabon Creek Watershed Conservation DistrictCourt of Appeals of South Carolina · 2001
- Virginian Railway Co. v. HoodSupreme Court of Virginia · 1929
- Frierson v. PORTER ACADEMYSupreme Court of South Carolina · 1950
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927