Leitzsey v. Columbia Water Power Co.

Citations

• 47 S.C. 464
• 34 L.R.A. 215
• 25 S.E. 744
• 1896 S.C. LEXIS 143

Syllabus

<p>1. Judicial Notice — Court.—The Court properly took, judicial notice of the act of 1887 to incorporate the board of trustees of the Columbia Canal, and that Broad River is a navigable stream,</p> <p>2. Complaint — Pleading—Damages—Demurrer.—The complaint in this action alleges injury after the notice to abate the nuisance complained of, and is not demurrable on that point.</p> <p>3. Condemnation — Remedy—19 Stat., 1090, Construed. — The act to incorporate the board of trustees of the Columbia Canal Co., &c. (19 Stat., 1090), gives authority to take private property for the erection of the canal and dam, and provides the manner of obtaining compensation therefor, and such remedy is exclusive.</p> <p>4. Complaint — Pleading—Damages—Negligence—-Demurrer— Nonsuit. — The complaint in this action does not contain any allegations of injuries resulting from negligence in the performance of the acts permitted by the act to incorporate the board of trustees of the Columbia Canal, &c., and is demurrable oji that point.</p>