50 S.E. 773 (S.C. 1905), Lampley v. Atlantic Coast Line R. Co.

Citation:50 S.E. 773, 71 S.C. 156
Opinion Judge:GARY, A. J.
Party Name:LAMPLEY v. ATLANTIC COAST LINE R. CO.
Attorney:J. T. Barron, Willcox & Willcox, and Woods & Macfarlan, for appellant. Geo. W. Brown and Stevenson & Matheson, for respondent.
Case Date:March 16, 1905
Court:Supreme Court of South Carolina
 
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Page 773

50 S.E. 773 (S.C. 1905)

71 S.C. 156

LAMPLEY

v.

ATLANTIC COAST LINE R. CO.

Supreme Court of South Carolina

March 16, 1905

Appeal from Common Pleas Circuit Court of Darlington County; Townsend, Judge.

Action by John C. Lampley against the Atlantic Coast Line Railroad Company. Judgment for plaintiff. Defendant appeals. Reversed.

J. T. Barron, Willcox & Willcox, and Woods & Macfarlan, for appellant. Geo. W. Brown and Stevenson & Matheson, for respondent.

GARY, A. J.

The complaint sets forth two causes of action. The first alleges damages arising from the negligence of the defendant in the construction of its railroad through the lands described in the complaint, whereby the Pee Dee river was obstructed and made to overflow said lands, thereby injuring them and the crops thereon growing. The second contains similar allegations, except it does not allege negligence. The jury rendered a verdict in favor of the plaintiff for $872.50.

The first question that will be considered is whether his honor the presiding judge erred in charging the jury that it was not necessary for the plaintiff to prove negligence in order to recover under the second cause of action. This cause of action was based upon the act of 1897 entitled "An act to make railroad corporations liable for damages resulting to land owners, from the wrongful obstruction of water courses." That act is incorporated in the Code of Laws of 1902 as section 2041, and is as follows: "Railroad corporations shall be liable to land owners for all damages resulting from the wrongful obstruction of water courses. by such corporations, and it shall not be necessary to allege and prove, that such damages resulted from the negligent construction of the road or other works of such corporations,

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but any person who is damaged shall be entitled to recover, as in actions against individuals, upon showing the wrongful obstruction of such water courses." Section 1456 of the Code of Laws of 1902 relates to actions against individuals, and is as follows: "No person shall be [71 S.C. 158] permitted or allowed to make or keep up any dams or banks to stop the course of any waters, so as to overflow the lands of another person, without the consent of such person first had and obtained; nor shall any person be permitted or allowed to let off any reserved water to injure the crops upon the grounds of other persons."...

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