Waldrop v. Greenwood, Laurens & Spartanburg R. R.

Citations

• 28 S.C. 157
• 5 S.E. 471
• 1888 S.C. LEXIS 36

Syllabus

<p>1. In action against a railroad company to recover damages for injury done to plaintiff’s crop by an insufficient culvert, it was competent for defendant to ask plaintiff how much of his damaged crop was planted on defendant’s right of way.</p> <p>2. Statements of a section master as to the drainage of a railroad embankment are not admissible in evidence against the company, for that is a matter not within the scope of his agency.</p> <p>3. In action to recover damages for an injury done, the amount of the damages is one of the material issues involved, and there being no testimony as to the pecuniary loss sustained, a non-suit was properly ordered.</p> <p>4. An offer by defendant to pay §5 in satisfaction of the damages claimed was not an admission of damage done to that extent.</p> <p>5. The rights of the proprietor of land over the surface water naturally flowing upon the lands of adjacent owners, considered but not decided.</p>