Mills v. G. & C. R. R.

Citations

• 13 S.C. 97
• 1880 S.C. LEXIS 27

Syllabus

<p>The breaking of a culvert under the. embankment of defendant’s road, in a freshet, having caused an accumulation of water, which, the embankment being opened, overflowed plaintiff’s land to his damage, the Circuit judge charged the jury that if the servants of the defendant let off the water, the defendant was liable for the actual damage therefrom ensuing to the plaintiff, no matter how much care and caution they exercised. Held erroneous; and that the defendant was not liable unless guilty of negligence in setting free the accumulated water.</p>