Legal Opinion

Brown v. American Telephone & Telegraph Co.

Supreme Court of South Carolina

Decided March 3, 1909No. 7111PublishedCited by 7 opinions

Before Watts, J., Spartanburg. Action by Mary R. Brown against American Telephone and Telegraph Company. From judgment for plaintiff, defendant appeals. cites: Plaintiff is estopped by her grant: 78 S. C., 419; 9 S. C., 449; 69 S. C., 100. No recovery for punitive damages should have been permitted under proof: 1 Suth. on Dam., sec. 392; 1 Leg.

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Before Watts, J., Spartanburg. Action by Mary R. Brown against American Telephone and Telegraph Company. From judgment for plaintiff, defendant appeals. cites: Plaintiff is estopped by her grant: 78 S. C., 419; 9 S. C., 449; 69 S. C., 100. No recovery for punitive damages should have been permitted under proof: 1 Suth. on Dam., sec. 392; 1 Leg. Dam., 362; Woods Mayne on Dam., sec. 579 ; 20 S. C., 718; 7 Wis., 465; 65 la., 543; 34 S. C., 501; 69 S. C„ 434; 62 S. C, 270; 147 U. S., 101. cite: If occupation of land was zvithout consent of owner, expressed or implied, occupant is a trespasser:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice; Gary.

This is an action for damages. The allegations of the complaint (omitting the formal portions thereof) are as follows:

“That on the day of 1901, the defendant, oppressively, without right, with a high hand, and in reckless and wanton disregard of plaintiff’s rights, went upon her tract of land, which lies partially in said county of Spartan-burg, bounded by lands of R. R. Brown, C. P. Petit, Jos. Lee and W. T. Hammett, and cut a swath of about eighteen feet width through her woodland, a part of said tract, by cutting down the timber…

2Cases cited3 opinions

  1. Rucker v. SmokeSupreme Court of South Carolina · 1892
  2. Williams v. TolbertSupreme Court of South Carolina · 1907
  3. Tyree v. HarrisonSupreme Court of Virginia · 1902

3Cited by7 opinions

  1. Williams v. Commercial Casualty Ins. Co.Supreme Court of South Carolina · 1931
  2. Eskew v. Life Ins. Co. of VirginiaSupreme Court of South Carolina · 1939
  3. Hahn v. SmithSupreme Court of South Carolina · 1930
  4. Robertson v. Western Union Telegraph Co.Supreme Court of South Carolina · 1913
  5. Black v. State Co.Supreme Court of South Carolina · 1914

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