Legal Opinion · Dissent

Faust v. Richland County

Supreme Court of South Carolina

Decided November 11, 1921No. 10752Published

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.

Read the full summary

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…

1Dissent

These two actions were heard together upon demurrers by the defendant to the complaints. The demurrers were overruled by the County Judge and from his orders the defendant has appealed. In each case the plaintiff claimed damages by reason of injury to his premises on account of the elevation of the roadbed of a highway and the filling in of parallel drains, resulting in the throwing back of surface water upon his premises.

The complaints in the two cases are practically identical; an analysis of one will apply equally to the other, as will also the determination of the legal questions…

2Cases cited37 opinions

  1. Hopkins v. Clemson Agricultural College of South CarolinaSupreme Court of the United States · 1911
  2. Robertson v. SichelSupreme Court of the United States · 1888
  3. Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
  4. Lindler v. Columbia HospitalSupreme Court of South Carolina · 1914
  5. Baltzeger v. Car. Midland Ry. Co.Supreme Court of South Carolina · 1899

32 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API