Hopkins v. Clemson Agricultural College of South Carolina
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP SOUTH . CAROLINA. In his complaint the plaintiff alleged that, he owned a valuable body of fertile bottom lands, on the west side of the Seneca River, on which he had raised large crops from the time of purchasing the farm in 1880 until 1895, when the defendant, by its trustees, erected and maintained a high embankment on the eastern side of the river. - This dyke was to protect the'lands of the college from overflow, but its…
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ERROR TO THE SUPREME COURT OP THE STATE OP SOUTH . CAROLINA. In his complaint the plaintiff alleged that, he owned a valuable body of fertile bottom lands, on the west side of the Seneca River, on which he had raised large crops from the time of purchasing the farm in 1880 until 1895, when the defendant, by its trustees, erected and maintained a high embankment on the eastern side of the river. - This dyke was to protect the'lands of the college from overflow, but its construction so narrowed the channel of the river that it caused the rapid current of the stream in time of high water to flow…
1Opinion of the CourtJustice Lamar
The plaintiff sued the Clemson Agricultural College of South Carolina, for damages to his farm, resulting from the College having built a dyke which forced the-waters of the Seneca River across his land, whereby the soil had been washed away and the land ruined for agricultural purposes. There was no demurrer, but the defendant filed what was treated as a plea to the jurisdiction in which it averred that it owned no property, and had constructed the dyke as a public agent only, by authority of the State, on land belonging to the State. By stipulation the hearing wns confined solely to the…
2Cases cited26 opinions
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- United States v. LeeSupreme Court of the United States · 1882
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