Parks v. Greenville

Citations

• 44 S.C. 168
• 21 S.E. 540
• 1895 S.C. LEXIS 57

Syllabus

<p>1. Joint Demurrer- — Appeal.—Whether a joint demurrer to the complaint can be sustained in favor of one-of the defendants only, not considered, as objection on this point was raised neither on Circuit nor on appeal.</p> <p>2. Municipal Corporation — Torts—Action.—A municipal corporation being an agency of the State government, is not liable to an individual for trespass upon his property in laying a sewer pipe, in the absence of a statute imposing liability for such acts; and no such .liability was imposed in this case, but, on the contrary, express legislative authority was had to use private property in establishing its sewerage system in the mode that was pursued.</p> <p>3. Ibid. — Acts op Its Agents — Action—Nonsuit.—Officers of a municipal corporation are not individually liable for acts done by them under its direction, which the corporation was expressly authorized to do, unless such officers acted with culpable negligence or maliciously; and as culpable negligence was not charged in the complaint, and as there was no evidence of malice, a nonsuit was properly ordered.</p> <p>4. Measure op Damages — Harmless Error. — Where the judgment reached establishes that plaintiff is entitled to recover no damages, alleged errors in the rulings of the Circuit Judge as to the measure of damages,.not considered.</p> <p>5. Opinion-Evidence by non-experts properly rejected, and a witness is not shown to be an expert on sanitation by proof that he is an expert physician.</p> <p>6. Taxation op Costs — Notice—Appeal.—Alleged error on the part of the clerk of the Circuit Court, in taxing costs without notice to the judgment defendant, will not be considered if first raised in this court.</p>