Hill v. Laurens County

Citations

• 34 S.C. 141
• 13 S.E. 318
• 1891 S.C. LEXIS 31

Syllabus

<p>1. Damages — Municipal Corporation. — A municipal corporation is liable to a civil action for damages sustained by reason of its failure to perform some duty required of it by law, only where the statute imposes such liability.</p> <p>2. Ibid. — Highways.—Whore a highway is diverted for a distance of 150 yards by an overseer of road workers at the request of the neighbors, without pursuing the mode prescribed by statute, a person who, while travelling on this new road, is injured by reason of its improper construction, has no cause of action against the county for damage done to him “through a defect in the repair of a highway,” as this road was not a highway.</p> <p>3. County — Estoppel.—Even if this overseer could be regarded as the agent of the county, there would be no estoppel against the county.</p>