Lewis v. Virginia-Carolina Chemical Co.
Supreme Court of South Carolina
Before Purdy, J., Charleston, August, 1903. Action by Sally F. Lewis et al. against Virginia-Carolina Chemical Co. From Circuit decree, defendant appeals. cite: The lease authorised the use of the timber: 5 Wall., 689; 107 U. S., 441. Bxtent of defendant’s liability: 3 Sand. Ch., 604. Doctrine of zvaste and not trespass applies: 22 S. C., 60; 28 Ency., 867, 868, 869, 941. cite: Measure of damages where trespass is committed under honest mistake: Sed. on Dam., 670-3; 36 Am.
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Before Purdy, J., Charleston, August, 1903. Action by Sally F. Lewis et al. against Virginia-Carolina Chemical Co. From Circuit decree, defendant appeals. cite: The lease authorised the use of the timber: 5 Wall., 689; 107 U. S., 441. Bxtent of defendant’s liability: 3 Sand. Ch., 604. Doctrine of zvaste and not trespass applies: 22 S. C., 60; 28 Ency., 867, 868, 869, 941. cite: Measure of damages where trespass is committed under honest mistake: Sed. on Dam., 670-3; 36 Am. R., 769; 8 Rich. Ecp, 46. As to accounting for proñts: 1 Story Eq. Jur., sec. 69; 28 Ency., 941; 1 Ves., Jr., 78; 2 Hare,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiffs, as heirs at law of George E. Lewis, deceased, lessor, brought this action against the defendant, lessee of certain lands in Charleston County, let for the purpose of mining phosphate and phosphatic deposits, to restrain further waste in cutting timber therefrom for purposes not authorized by the lease, and for damages and account for the value of timber already cut, including profits thereon. The decree of the Circuit Court adjudged the defendant pay plaintiffs $172, the value of 688 cords of wood, at 25c. per cord,…
2Cited by5 opinions
- Wood v. WeaverCourt of Appeals of Virginia · 1917
- Midland Timber Co. v. J. F. Prettyman & SonsSupreme Court of South Carolina · 1914
- Wingard v. LeeCourt of Appeals of South Carolina · 1985
- City of Sumter v. HoganSupreme Court of South Carolina · 1914
- Williams v. BrutonSupreme Court of South Carolina · 1925