City Council v. Werner

Citations

• 46 S.C. 323
• 24 S.E. 207
• 1896 S.C. LEXIS 61

Syllabus

<p>1. Nonsuit — Charleston—Y Stat., 144. — In an action by the city of Charleston to recover from one of its citizens an amount expended by it in filling a low place on her lot, in order to promote the public health, under special city ordinances and special act, which permit it to fill low places endangering public health, and collect the cost from owner, upon refusal to pay, or to fill upon notice, when cost of filling does not exceed one-half value of lot, it was error in Circuit Judge to grant a nonsuit, upon the ground that where only a portion of a lot owned as a whole needed filling, that portion needing filling should alone be estimated in considering its value; but he should have held that the entire holding and improvements thereon should be included in estimating the value.</p> <p>Mr. Justice Gary concurs in result, but dissents as to buildings in this case being included in estimating value. Y Stat. at Large, 144, construed.</p>