Carroll v. Davis

• Decision Date: 04 March 1924
• Docket Number: 11435.
• Citation: Carroll v. Davis, 128 S.C. 40, 121 S.E. 601 (S.C. 1924)
• Parties: CARROLL v. DAVIS ET AL.
• Court: South Carolina Supreme Court

121 S.E. 601

128 S.C. 40

CARROLL v. DAVIS ET AL.

No. 11435.

Supreme Court of South Carolina

March 4, 1924

Appeal from Common Pleas Circuit Court of Greenwood County; I. W Bowman, Judge.

Action by Eva B. Carroll against A. J. Davis, Greenwood County, the Greenwood County Highway Commission, and others. Judgment for plaintiff, and defendants appeal. Reversed, and complaint dismissed.

The amended complaint alleges:

(1) That the plaintiff is a citizen and resident of Greenwood county.

(2) That the defendant A. J. Davis is a real estate dealer and promoter residing in the city of Greenwood.

(3) That Greenwood county is a political subdivision of the state of South Carolina, and as such is capable of suing and being sued in the courts of law of said state.

(4) That the defendant Greenwood county highway commission is a body politic, created by an act of the General Assembly of the state of South Carolina of the date of March 7, 1919 which said act is found in the general statutes of said state for the year 1919 at page 550, and under said act the said highway commission may sue and be sued, and the defendants John B. Sloan, F. S. Evans, B. S. Hodges, J. F. MacEnroe, W H. Robinson, A. W. Rodgers, and H. L. Watson at present constitute the Greenwood county highway commission, each of them having been duly appointed under the terms of said act and the amendments thereof, and each having duly qualified and entered upon the service and duties imposed by law upon the members of the said Highway Commission, and that John B Sloan is chairman thereof.

(5) That the C. & W. C. Railroad and the public highway from Greenwood to Laurens and Coronaca, run close together and parallel to each other in a northerly direction, the public highway being on the east of the railroad to what is known as Sample's crossing, about one mile from the city of Greenwood, at which point the railroad crosses the public highway in an open, level country with an unobstructed view of the railroad in every direction. That said highway enters the city of Greenwood through a direct connection with Reynolds street and is in fact a continuation of Reynolds street, and does not touch or cross the railroad at any point between Sample's crossing and the city. That said highway has existed for many years, is fully 40 feet wide, level, unobstructed, and easily maintained, and has afforded easy, convenient, and safe communication as a route to the traveling public to and from Greenwood for any and all purposes;

(6) That the defendant A. J. Davis owned January 1, 1920, and still owns, valuable real estate at or near Sample's crossing on the west side of the C. & W. C. Railroad.

(7) That on the 14th day of February, 1920, and since the plaintiff was in possession of and owned three lots of land lying on the west side of the C. & W. C. Railroad fronting on said railroad and between Sample's crossing and the city of Greenwood, a portion thereof lying within the city limits, the same being more particularly described as follows: 4 1/8 acres more or less, bounded by C. & W. C. Railroad, street separating this property from the A. R. Gatlin land, lots of Miss Minnie Reynolds and Mrs. Eva Russell and others, the same being composed of lots Nos. 44, 45, and 47 of the B. F. Reynolds property as per plat by A. W. Hudson of date August 30, 1901, situate, lying, and being in the county and state aforesaid, and of the above facts, and each of them, the defendants herein at the time hereinafter named were fully advised and informed.

(8) That the defendant A. J. Davis, moved by the purpose and desire of developing, improving, and enhancing the value of his own private property, conceived, plotted, and planned a scheme to open and run a road from the public highway at or near Sample's crossing, on the west side of the C. & W. C. railroad, near the same and parallel thereto through plaintiff's property to Grace street, in the city of Greenwood, and to evade the law and deprive plaintiff of the protection of the law in her rights schemed and planned to enlist his codefendants in his illegal and unlawful undertaking.

(9) That some time during the month of April or May, 1920, the exact date being unknown to the plaintiff, the said A. J. Davis entered into negotiations with his codefendants and revealed to them his scheme, and the said codefendants, to aid and abet the said A. J. Davis in the same, illegally confederated and agreed with the said A. J. Davis for a moneyed consideration paid by him to them and other considerations unknown to plaintiff, to survey, lay out, excavate, build, and open a road 30 feet wide on the west side of the C. & W. C. Railroad from Sample's crossing or near the same through plaintiff's property to Grace street, in the city of Greenwood, and that said illegal agreement was made in the interest of the said A. J. Davis and for the sole purpose of aiding and abetting the said A. J. Davis in developing, improving, and enhancing in value the private property of the said A. J. Davis, and that there was no public necessity for said road or any demand therefor by the public.

(10) That on or about the ______ day of July or in August, 1920 the exact date being unknown to the plaintiff, the defendants herein, in pursuance of the said agreement made between themselves,...