Paris Mountain Water Co. v. City Council of Greenville
Supreme Court of South Carolina
Before Aldrich, J., Greenville, April, 1898. Action by the Paris Mountain Water Company v. The City Council of Greenville, for damages sustained by change in grade of street. Complaint dismissed on demurrer.
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Before Aldrich, J., Greenville, April, 1898. Action by the Paris Mountain Water Company v. The City Council of Greenville, for damages sustained by change in grade of street. Complaint dismissed on demurrer. Plaintiff appeals. cite: Meaning of “alter” in sec. SO of charter: 18 N. Y. Eq., Í92; 33 N. E. R., 704; 49 N. E. R., 1013; 122 Mass., 116; 29 N. J. R., 353. Ordinance giving plaintiff permission to lay pipes is a contract, and cannot be impaired by legislation or otherwise: 115 U. S., 665, 674; 15 Wall, 488; 13 N. J. Eq., 420; 97 U. S., 25, 659; 101 U. S., 814; 111 U. S., 746; 165 U. S.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The plaintiff brought this action to recover damages alleged to have been sustained on account of the grading of certain streets, by reason of which its water ways and pipes, which were laid under a contract with the defendant through said streets, were injured.
The defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, in that: “I. It fails to allege facts showing such an invasion by the defendant of the rights of the plaintiff as would entitle it to damages, and the…
2Cited by13 opinions
- Wilson v. Greenville CountySupreme Court of South Carolina · 1918
- Willimon v. City of GreenvilleSupreme Court of South Carolina · 1963
- Sheriff v. City of EasleySupreme Court of South Carolina · 1936
- Godwin v. CarriganSupreme Court of South Carolina · 1955
- Parish v. Town of YorkvilleSupreme Court of South Carolina · 1913
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