Cherry v. City of Rock Hill

Citations

• 48 S.C. 553
• 26 S.E. 798
• 1897 S.C. LEXIS 76

Syllabus

<p>1. Injunction — Damages—Nuisance—Cities and Towns — Streets. A citizen of a city who resides on a street whose course has been changed by the authorities, and he is thereby compelled to use a more circuitous route to and from his place of business, does not suffer such special and peculiar damage as will enable him to maintain an action against the city for damages or injunction.</p> <p>2. Damages — Cities and Towns — Streets—Condemnation.—Where a city council is authorized by its charter to alter, open, or discontinue streets, and it authorizes a party to change the course of a street, a resident of such street, whose land is not taken for the altered right of way, nor at whose lot the change is made, cannot obtain damages for such alteration under the provisions of the charter, which requires the city council to have assessed and pay damages for private property taken for streets.</p> <p>3. Condemnation — Right oe Eminent Domain. —Altering the course of a street is not taking private property for public use, as contemplated in the Constitution.</p>