Faust v. Richland County
Supreme Court of South Carolina
Before Whaley, J., County Court. Actions by J. H. Faust and Ben E. Kelly against Rich-land County. From an order overruling demurrer to the complaints the defendant appeals.
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Before Whaley, J., County Court. Actions by J. H. Faust and Ben E. Kelly against Rich-land County. From an order overruling demurrer to the complaints the defendant appeals. The complaint in substance alleged: that plaintiff is the owner of three acres and a dwelling on the right hand side of the Two Notch Road on the side of a hill which slopes toward the east so that ti^e drainage from a considerable area to the west flows over plaintiff’s property, first flowing under the highway. That prior to the repairs on the highway there was on each side thereof in front of plaintiff’s dwelling a…
1Opinion of the Court
November 11, 1921. The opinion of the Court en banc was delivered by The only question properly and specifically raised is by the second exception. The cases of Lawton v. Railway;61 S.C. 548, 39 S.E. 752, Brandenberg v. Zeigler, 62 S.C. 18,39 S.E. 790, 55 L.R.A. 414, 89 Am. St. Rep. 887,Cain v. Railway, 62 S.C. 25, and Hopkins v. Clemson College,221 U.S. 636, 31 Sup. Ct. 654, 55 L.Ed. 890, 35 L.R.A. (N.S.) 243, clearly show that if an individual, instead of the defendant, had flooded the lands of the plaintiff in the manner alleged in paragraph 6 of the complaint, he would have subjected…
2Cases cited12 opinions
- Hopkins v. Clemson Agricultural College of South CarolinaSupreme Court of the United States · 1911
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Brandenberg v. ZeiglerSupreme Court of South Carolina · 1901
- Triplett v. City of CoulumbiaSupreme Court of South Carolina · 1918
- Dunn v. Town of BarnwellSupreme Court of South Carolina · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Chick Springs Water Co. v. State Highway DepartmentSupreme Court of South Carolina · 1931
- City of Norwood v. SheenOhio Supreme Court · 1933
- Gasque v. Town of ConwaySupreme Court of South Carolina · 1940
- Milhous v. State Highway DepartmentSupreme Court of South Carolina · 1940
- Peden v. Furman UniversitySupreme Court of South Carolina · 1930
28 more not listed; retrieve them via the Exa API.