McCurley v. South Carolina State Highway Department

Lewis, Justice.

This action was brought against the City of Anderson and The South Carolina Highway Department to recover damages to plaintiff’s real property, upon the theory that the damages amounted to a taking of private property without just compensation, within the meaning of Article 1, Section 17, of the South Carolina Constitution. Upon the trial of the case and the conclusion of the testimony, the Highway Department was, on motion, eliminated from the case and the action proceeded to judgment against the city, from which the city has appealed.

The sole question to be decided is whether…