Little v. Robt. G. Lassiter & Co.

(dissenting) :

This is an appeal from an order of his Honor, Judge Henry, refusing a motion by the defendants for an order making the South Carolina Highway Department a party defendant in the action.

The defendants, Lassiter & Co., were road contractors under contract with the highway department to pave the highway between Columbia and Lexington. The plaintiff alleges that in the construction of said work the defendants trespassed upon her land adjacent to the right-of-way of the road to her damage. The defendants claim that the damage, if any was caused by the construction of a ditch which…