Touchberry v. Northwestern R. R.
Supreme Court of South Carolina
Before Seasb, J-, Clarendon, October term, 1909. o Action by J. W. Touchberry against Northwestern R. R. Co. From judgment for plaintiff, defendant appeals on the following exceptions: 1. “Because the presiding Judge erred in admitting in evidence the plat made by E. J. Browne, surveyor, whereon he had physically delineated a watercourse by a wavy line, with the words, ‘Old waterway, as evidenced by growth of grass and trees,’ written on it, in that such line indicated the…
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Before Seasb, J-, Clarendon, October term, 1909. o Action by J. W. Touchberry against Northwestern R. R. Co. From judgment for plaintiff, defendant appeals on the following exceptions: 1. “Because the presiding Judge erred in admitting in evidence the plat made by E. J. Browne, surveyor, whereon he had physically delineated a watercourse by a wavy line, with the words, ‘Old waterway, as evidenced by growth of grass and trees,’ written on it, in that such line indicated the existence of a watercourse and did not purport to indicate grass and trees, and it was error for the Court to permit the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Gary.
This is an action for damages, alleged tO' have been sustained by the plaintiff, on account of the overflowing of his lands by the defendant.
The jury rendered a verdict in favor of the plaintiff for $500.00, actual damages, and the defendant appealed upon exceptions, which will be incorporated in the report of the case. .
The appellant's attorneys did not argue the first exception and therefore it might very properly be considered as abandoned; but waiving such objection, it cannot be sustained, as it is without merit.
The second and…
2Cases cited6 opinions
- Jones v. HannovanSupreme Court of Missouri · 1874
- Baltzeger v. Car. Midland Ry. Co.Supreme Court of South Carolina · 1899
- Brandenberg v. ZeiglerSupreme Court of South Carolina · 1901
- Lawton v. South Bound R. R.Supreme Court of South Carolina · 1901
- Edwards v. Charlotte, &c., RailroadSupreme Court of South Carolina · 1893
1 more not listed; retrieve them via the Exa API.
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- Cannon v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1914
- Rivenbark v. A. C. L. R. Co.Supreme Court of South Carolina · 1923
- People v. PuttyCalifornia Court of Appeal · 1967
- Taylor v. Lexington Water Power Co.Supreme Court of South Carolina · 1932
- Garmany v. Southern Ry. Co.Supreme Court of South Carolina · 1929
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