South Carolina Steamboat Co. v. Wilmington, Columbia & Augusta Railroad

Citations

• 46 S.C. 327
• 24 S.E. 337
• 1896 S.C. LEXIS 71

Syllabus

<p>1. Nuisance — Remedies—Highways.—Indictment.—-The remedy for the removal of an obstruction on a navigable inland river is by indictment, unless some individual can show special or peculiar damage, differing in kind to that to which all others in common with him are exposed.</p> <p>2. Nonsuit — Complaint.—The allegations in this complaint does not take the case out of the general rule, and it was error in the Circuit Judge not to grant the motion for nonsuit upon the ground that the complaint did not state facts sufficient to constitute a cause of action.</p> <p>3. Damages — Contract.—Damages resulting from a breach of contract on the part of defendant to open its “draw” on the days of plaintiff's regular trips, would not come directly from the obstruction complained of, and, therefore, the allegations of such breach would not bring this case within the exception to the general rule.</p> <p>4. Mr. Justice Gary, dissenting.</p>