Threatt v. Brewer Mining Co.

Citations

• 49 S.C. 95
• 26 S.E. 970
• 1897 S.C. LEXIS 139

Syllabus

<p>1. Pleading — Cause oe Action — Damages.—A complaint for damages and injunction, which alleges several elements of damage, states but one cause of action.</p> <p>2. Damages' — Evidence—Waters—Fish.—In an action for damages for defiling the waters which run through plaintiff’s lands, he may-show that the debris dumped in them kill the fish, but the defendant cannot show that fish have been seen in the stream since suit brought.</p> <p>8. Prescription — Waters—Evidence.—There was no testimony in this case to show a right in defendant by prescription to dump its debris into the stream.</p> <p>4. Damages — Pubuic Road — Nuisance.—A party cannot recover damages for obstructing a neighborhood road (public road), unless he shows that he suffers special damages not common to the public.</p> <p>5. Mining — Damages—Waters. —A mining company using the chlorinating process, and permitting its detritus and tailings to run down a stream on the lands of an owner below, which detritus destroys the fertility of the soil, fills up his ditches, and thereby overflows his other lands, and throws a bad smelling deposit on his lands, is liable in damages for the former for the actual depreciation in value of the lands from the commencement of the deposit until suit brought; but for the latter, the jury may find any reasonable compensation.</p> <p>6. Damages — Suephurous Gases. — The damages to plaintiff from sul-phurous gases, at his home, a mile or more from the mine, is hardly worth considering.</p> <p>7. Ibid. — Equity—Injunction — Nuisance. — A Circuit Judge may grant, without trial, on the equity side of the Court, a perpetual injunction against a nuisance, which the jury has found to exist by its verdict for damages, where the defendant sets up no equitable defense.</p>