Cauthen v. Lancaster Cotton Oil Mills
Supreme Court of South Carolina
Before SeasE, J., Lancaster, October term, 1912. Action by Jane E. Cauthen against Lancaster Cotton Oil Co. Defendant appeals. cite: Jury should have been restricted to damages occurring up to commencement of action: Harp. 276; 14 S. C. 434; 46 S. C. 677; 3 Suth. 403; 21 Ency. 730, 73.2. Defendant has the right to the reasonable use of its property: 42 S. C. 402; Woods on Nuisances, sec. 13. Individual cannot maintain an action to abate a public nuisance: 54 S. C. 250; 64 S.…
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Before SeasE, J., Lancaster, October term, 1912. Action by Jane E. Cauthen against Lancaster Cotton Oil Co. Defendant appeals. cite: Jury should have been restricted to damages occurring up to commencement of action: Harp. 276; 14 S. C. 434; 46 S. C. 677; 3 Suth. 403; 21 Ency. 730, 73.2. Defendant has the right to the reasonable use of its property: 42 S. C. 402; Woods on Nuisances, sec. 13. Individual cannot maintain an action to abate a public nuisance: 54 S. C. 250; 64 S. C. 130; 81 S. C. 372. cites: Plaintiff is entitled to recover damages to time of trial: 81 S. C. 561. Nuisance alleged…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action by plaintiff against defendant to recover damages. The plaintiff owned property on which was her dwelling house and two tenant houses, and she alleged that its desirability as a residence and home had been completely destroyed by the erection and operation of the defendant’s cotton oil plant and ginnery on property near by, and her action is for the abatement of it, alleging it is a nuisance. Her action is for permanent injury and destruction of home. The cause was triedbefore his Honor, Judge 'Sease, and a jury at…
2Cases cited1 opinion
- Bank of Charleston v. DowlingSupreme Court of South Carolina · 1896
3Cited by2 opinions
- Collins v. SargentCalifornia Court of Appeal · 1928
- Sullivan v. American Mfg. Co. of MassachusettsCourt of Appeals for the Fourth Circuit · 1929