Watson v. Hoke
Supreme Court of South Carolina
Before Gage, J., York, June, 1905. Action by D. A. A. Watson against Henry L,. Hoke. The following is the Circuit decree': “This is an action to abate a nuisance, and to further enjoin its commission. The wrong complained of, is the erection by defendant of gates across a way owned by plaintiff over defendant’s lands. The referee found against the •plaintiff, and the case comes on to be heard upon two exceptions by the plaintiff.
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Before Gage, J., York, June, 1905. Action by D. A. A. Watson against Henry L,. Hoke. The following is the Circuit decree': “This is an action to abate a nuisance, and to further enjoin its commission. The wrong complained of, is the erection by defendant of gates across a way owned by plaintiff over defendant’s lands. The referee found against the •plaintiff, and the case comes on to be heard upon two exceptions by the plaintiff. “The exceptions raise practically one issue, of mixed law and fact; and that is, did the defendant have the legal right to at all obstruct plaintiff’s way across…
1Opinion of the Court
The opinion of the Court was delivered by
Mr Justice Woods.
The sole question in this case is whether the defendant should be required to remove gates erected across plaintiff’s right of way over defendant’s pasture land and be enjoined from again erecting them. The facts are set out in the decree of the Circuit Judge, and this Court is fully satisfied with his reasoning and the conclusion that the erection of the gates was necessary for the reasonable enjoyment by defendant of his land over which the way passes, and that they do not constitute an unreasonable interference with plaintiff’s…
2Cases cited3 opinions
- Short v. DevineMassachusetts Supreme Judicial Court · 1888
- Green v. GoffIllinois Supreme Court · 1894
- Whaley v. JarrettWisconsin Supreme Court · 1887
3Cited by7 opinions
- Thomas v. MitchellCourt of Appeals of South Carolina · 1985
- Brown v. GaskinsCourt of Appeals of South Carolina · 1984
- Tanaka v. SheehanDistrict of Columbia Court of Appeals · 1991
- Ballington v. PaxtonCourt of Appeals of South Carolina · 1997
- Owens v. CantrellSupreme Court of South Carolina · 1951
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