Burdine v. Southern Public Utilities Co.

PARKER, Circuit Judge.

This was an action instituted by the heirs at law of Carrie Burdine as owners of a one-third undivided interest in a tract of land in Greenville county, South Carolina, to recover permanent damages for the ponding of water over a portion of said tract by a dam of the defendant, Southern Utilities Company. The dam of defendant was built in 1905, at which time A. M. Burdine, the father of plaintiffs, was the owner of a two-thirds undivided interest in said tract, the remaining one-third interest being owned by plaintiffs. At that time A. M. Burdine, being in possession of…