Cannon v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Bowman, J., Action by F. S. Cannon against the Atlantic Coast Line Railroad Company. From an order sustaining- a demurrer to the complaint, plaintiff appeals. Affirmed, with leave to .plaintiff to apply for permission to amend his complaint.
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Before Bowman, J., Action by F. S. Cannon against the Atlantic Coast Line Railroad Company. From an order sustaining- a demurrer to the complaint, plaintiff appeals. Affirmed, with leave to .plaintiff to apply for permission to amend his complaint. Paragraphs 3 and 4 of the complaint are as follows: “(3) That heretofore, in the year 1913, the plaintiff had in cultivation a crop of cabbage containing about 35 acres, near Meggetts, upon which he had planttd cabbage, for sale as aforesaid, and that such plantation upon which said cabbage was planted was rented or leased by him for that purpose,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an appeal from an order sustaining a demurrer to the complaint on • the ground that it does not state facts sufficient to constitute a cause of action.
Paragraphs 3 and 4 of the complaint, together with the grounds of demurrer, will be incorporated in the report of the case.
1 In the case of Lawton v. Railway, 61 S. C. 548, 39 S. E. 752, where the allegations of the complaint were similar to those now under consideration, the rule as to surface water was thus stated: “There is no allegation that there was a 'stream usually…
2Cases cited2 opinions
- Lawton v. South Bound R. R.Supreme Court of South Carolina · 1901
- Touchberry v. Northwestern R. R.Supreme Court of South Carolina · 1911
3Cited by7 opinions
- Young v. City of AshevilleSupreme Court of North Carolina · 1955
- Rivenbark v. A. C. L. R. Co.Supreme Court of South Carolina · 1923
- Fairey v. Southern Railway Co.Supreme Court of South Carolina · 1931
- Cannon v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1915
- M AND M CORP. v. Auto-Owners Ins. Co.Supreme Court of South Carolina · 2010
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