Cain v. South Bound R. R.
Supreme Court of South Carolina
Before Watts, J., Bamberg, February, 1900. Action by A. C. Cain against South Bound R. R. Co. for damages to land by flowing water thereon. From order sustaining demurrer of defendant, plaintiff appeals. The latter cites : 24 Ency., 904, 917-931; 36 S. C., 93; Rev. Stats., 1264. The latter cites: Angel on Watercourses, secs. 108a, 108b; 9 Am. R., 276; no N. C., 438; 43 N. W. R., 76; 38 Am. R., 139; 39 S. C., 472; 32 S. E. R., 358.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This appeal is from an order sustaining a demurrer to the complaint, said demurrer being based on the ground that the complaint does not state facts sufficient to constitute a cause of action, in that the sole damages claimed by the plaintiff are alleged to have occurred by the flowing of surface water on the lands of the plaintiff by the defendant in turning it off its right of way for the purpose of protecting and preserving its road-bed.
The complaint is as follows (after alleging the incorporation of the defendant company and the…
2Cited by11 opinions
- Faust v. Richland CountySupreme Court of South Carolina · 1921
- Deason v. Southern Railway CompanySupreme Court of South Carolina · 1927
- Touchberry v. Northwestern R. R.Supreme Court of South Carolina · 1911
- Johnson v. Southern RailwaySupreme Court of South Carolina · 1905
- Rivenbark v. A. C. L. R. Co.Supreme Court of South Carolina · 1923
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