Brandenberg v. Zeigler
Supreme Court of South Carolina
Before Gary, J., Orangeburg, January, 1900. Action for damages and for removal of nuisance by Eliza C. Brandenberg, as guardian- ad litem of Minnie Halman, and Perry E. Brandenberg, W. Wm. Brandenberg, Harvy C. Brandenberg and Effie C. Jones, against Jesse R. Zeigler and Charlotte Buyc-k. From order of nonsuit, plaintiffs appeal.
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Before Gary, J., Orangeburg, January, 1900. Action for damages and for removal of nuisance by Eliza C. Brandenberg, as guardian- ad litem of Minnie Halman, and Perry E. Brandenberg, W. Wm. Brandenberg, Harvy C. Brandenberg and Effie C. Jones, against Jesse R. Zeigler and Charlotte Buyc-k. From order of nonsuit, plaintiffs appeal. The former cite: As defining surface water: 24 Eney., 897, 904; 5 R. R, 253; 11 Exc., 615; 79 Mo., 446; 27 Wis., 656; 62 Wis., 112; 78 Mo., 504; 18 Mo., 251; 10 Gray, 601; 7 Allen>, 19; 35 Am. St. R., 163; 36 Am. St. R., 937; 34 Minn., 487. Our State has adopted the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an appeal from an order of nonsuit in an action for damages, and to abate a nuisance alleged to result from defendants draining a pond of water which otherwise had no outlet from their lands onto the lands of plaintiffs, by means of a ditch cut by them, thereby overflowing and sobbing about four acres of plaintiffs’ land and rendering it unfit for agricultural purposes, and thereby also causing impure water to percolate into plaintiffs’ well, and rendering it unfit for drinking purposes, and thereby also causing malaria about…
2Cases cited8 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1889
- Adams v. WalkerSupreme Court of Connecticut · 1867
- Pye v. City of MankatoSupreme Court of Minnesota · 1887
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- Deason v. Southern Railway CompanySupreme Court of South Carolina · 1927
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