Legal Opinion

Earle v. City of Greenville

Supreme Court of South Carolina

Decided November 10, 1909No. 7367PublishedCited by 4 opinions

Before DeVorE, J., Greenville, Proceeding for assessment of damages by Thomas T. Earle against City Council of Greenville. From judgment for defendant, plaintiff appeals. cites: 80 S. C., 321; 34 S. C., 189 ; 17 S. C., 40; 19 S. C., 156; 58 S. C., 289; 55 S. C., 510; 81 S. C., 519; Big. on Est., 45; 52 S. C., 175; 94 U. S., .351; 125 Ga„ 489; 52 W. Va., 311; 131 N. C., 133; 100 Va., 741; 65 S. C., 400; 54 S. C., 109; 31 Kan., 262. cites: 64 S. C., 438, 445.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

The charter of the city of Green-ville provides that when an owner of property, abutting on a street, sustains damages by reason of altering the grade of the street, he may have his damages assessed by commissioners, appointed as therein prescribed, and that either party may appeal from such assessment to the court of common pleas, where the issue of value shall be submitted to a jury.

The appellant, being the owner of two lots, abutting on a street in said city, on which he had built houses, joined other property owners in a…

2Cases cited4 opinions

  1. Jones v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1903
  2. Holder v. JelksSupreme Court of Georgia · 1902
  3. Sanders v. BagwellSupreme Court of South Carolina · 1892
  4. City Council of Greenville v. EarleSupreme Court of South Carolina · 1908

3Cited by4 opinions

  1. Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931
  2. Jenkins v. Southern Railway CompanySupreme Court of South Carolina · 1928
  3. State v. BarnesSupreme Court of South Carolina · 2015
  4. State v. BarnesSupreme Court of South Carolina · 2015

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