Legal Opinion
Cutchin v. South Carolina Department of Highways & Public Transportation
Supreme Court of South Carolina
Decided January 22, 1990No. 23138PublishedCited by 9 opinions
1Opinion of the Court
Chandler, Justice:
South Carolina Department of Highways and Public Transportation (Dept.) appeals a jury verdict in favor of Respondents Antonia and John Cutchin (the Cutchins). We affirm.
PACTS
In 1954 or 1955, Dept. constructed a cement culvert under U. S. Highway 123 By-Pass in Easley. The culvert is approximately 40 yards from the Cutchins’ home.
During, the 1970’s, the Cutchins’ yard was flooded by rainwater on several occasions. In August, 1984, during a rainstorm, floodwaters rose above the window sills of their home, causing severe damage. A second, similar flood occurred in August, 1985.
2Cases cited5 opinions
- Santee Portland Cement Co. v. Daniel International Corp.Supreme Court of South Carolina · 1989
- Webb v. Greenwood CountySupreme Court of South Carolina · 1956
- Baker v. ClarkSupreme Court of South Carolina · 1958
- McCurley v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1971
- Deloach v. the Beaufort GazetteSupreme Court of South Carolina · 1984
3Cited by9 opinions
- Unlimited Services, Inc. v. MacKlen Enterprises, Inc.Supreme Court of South Carolina · 1991
- Silvester v. Spring Valley Country ClubCourt of Appeals of South Carolina · 2001
- SUNVILLAS HOMEOWNERS ASSOCIATION, INC. v. Square D CompanyCourt of Appeals of South Carolina · 1990
- In Re Tutu Wells Contamination LitigationDistrict Court, Virgin Islands · 1995
- Cobb v. South Carolina Department of TransportationSupreme Court of South Carolina · 2005
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