Stone v. City of Greenville
Supreme Court of South Carolina
Before Mauldin, J., Greenville, Summer term, 1917. Proceeding by Lena W. Stone against the City of Green-ville. From an order requiring the city council to appoint commissioners to assess the damages alleged to have been done to plaintiff’s lot by raising the.grade of a street upon which it abuts, the city appeals. submits: Is the city of Greenville liahie under section 2926, vol.
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Before Mauldin, J., Greenville, Summer term, 1917. Proceeding by Lena W. Stone against the City of Green-ville. From an order requiring the city council to appoint commissioners to assess the damages alleged to have been done to plaintiff’s lot by raising the.grade of a street upon which it abuts, the city appeals. submits: Is the city of Greenville liahie under section 2926, vol. I, Code of 1912, for damages for altering the grade of a street? 53 S. C. 575; 58 S. C. 60; 77 S. C. 281; 53 S. C. 82; 43 Minn. 444; 45 N. W. 721; 78 Pacific 204; 3 Pacific Rep. 527; 72 Wis. 637; 40 N. W. 381; 61 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This appeal is from an order requiring the city council to appoint commissioners to assess the damages alleged to have been done to plaintiff’s lot by raising the grade of the street upon which it abuts. The city council resisted plaintiff’s application for the order on the grounds : (1) That no damage had been done; and (2) that, if so, the city was not liable for damages caused adjacent lot owners by changing the grade of a street.
1, 2 The Court found from the testimony that plaintiff’s lot had been damaged, and held that…
2Cases cited2 opinions
- Paris Mountain Water Co. v. City Council of GreenvilleSupreme Court of South Carolina · 1898
- Bramlett v. City Council of GreenvilleSupreme Court of South Carolina · 1911
3Cited by4 opinions
- City of Lynchburg v. PetersSupreme Court of Virginia · 1926
- Willimon v. City of GreenvilleSupreme Court of South Carolina · 1963
- Godwin v. CarriganSupreme Court of South Carolina · 1955
- Bland v. City Council of SumterSupreme Court of South Carolina · 1943