Banks v. So. Ry., Co.

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for damages caused by the obstruction of the flow of surface water. The defendant demurred to the complaint on the ground that it stated no cause of action. The demurrer was overruled, and the defendant appealed.

I. The recent case of Rivenbark v. Atlantic Coast Line Railroad Co. (S. C.), 117 S. E., 206, shows that the demurrer should have been sustained, and this assignment of error must be sustained.

II. The respondent claims that there was a public nuisance by the overflow of a public highway, with special damage…