Sutton v. Catawba Power Co.
Supreme Court of South Carolina
Before Bowman, J., York, February, 1916. Action by A. E. Sutton against the Catawba Power Company. From a judgment for plaintiff, defendant appeals. cite: Brection of dam not a trespass nor nuisance: 37 S. C. 335; 95 S. C. 271. One action for damages: Jones Easements, sec. 527; 8 A. & E. Enc. of L. 677-9; Gould, Waters, sec. 416; 2 Farnham, Waters, sec. 589; 4 Sutherland, Damages, secs. 1063-4, 1067-8, 1090; 1 Id., secs. 106, 110, 116; 112 Mass. 334; 17 Am.
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Before Bowman, J., York, February, 1916. Action by A. E. Sutton against the Catawba Power Company. From a judgment for plaintiff, defendant appeals. cite: Brection of dam not a trespass nor nuisance: 37 S. C. 335; 95 S. C. 271. One action for damages: Jones Easements, sec. 527; 8 A. & E. Enc. of L. 677-9; Gould, Waters, sec. 416; 2 Farnham, Waters, sec. 589; 4 Sutherland, Damages, secs. 1063-4, 1067-8, 1090; 1 Id., secs. 106, 110, 116; 112 Mass. 334; 17 Am. Rep. 106; 55 Iowa 652; 24 Am. Rep. 792; 11 S. W. 703; 136 Ky. 319; 136 Am. St. Rep. 256. Statute of Limitations: 52 Ark. 240; 20 Am. St.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action for damages to the lands of the plaintiff, alleged to have been caused by the erection of a dam across the Catawba River, a navigable stream.
It is admitted by counsel that the dam was built, by authority of the General Assembly of South Carolina, in 1904, and that it is a permanent structure.
The complaint thus describes the- manner in which the lands in question were damaged:
“That the large volumes of water stored by the said dam were and are diverted from their natural and proper channel, and were and are…
2Cases cited1 opinion
- Lawton v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
3Cited by8 opinions
- Campus Sweater & Sportswear Co. v. M. B. Kahn Construction Co.District Court, D. South Carolina · 1979
- Silvester v. Spring Valley Country ClubCourt of Appeals of South Carolina · 2001
- Gattis v. ChavezDistrict Court, D. South Carolina · 1976
- J. Abe Hilton v. Duke Power Company, a Corporation Organized and Existing Under the Laws of One of the States of the UnionCourt of Appeals for the Fourth Circuit · 1958
- Deanna Sharp, individually and as mother and next friend of N.S., a minor v. Tia Hunter; Alexis Cramer; Samuel Jenkins, Lieutenant, Orangeburg Department of Public Safety; and Tony Catone, Director/Commissioner South Carolina Department of Social ServicesDistrict Court, D. South Carolina · 2026
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