Lakewood Water Co. v. Garden Water Co., 16687
| Citation | 222 S.C. 450,73 S.E.2d 720 |
| Decision Date | 01 December 1952 |
| Docket Number | No. 16687,16687 |
| Court | United States State Supreme Court of South Carolina |
| Parties | LAKEWOOD WATER CO. v. GARDEN WATER CO. et al. |
Page 720
v.
GARDEN WATER CO. et al.
[222 S.C. 451] Charles F. Cooper, Columbia, for appellants.
Edens & Woodward, Columbia, for respondent.
STUKES, Justice.
This appeal is from order overruling demurrer to the complaint. The order held generally that the complaint charges the defendants with an unlawful conspiracy, to the [222 S.C. 452] damage of plaintiff, and that disposition on demurrer would be improper and that there should be, quoting, 'a full hearing on the merits.' There are administrative provisions relating to the injunction pendente lite which will be stated in the disposition of one of the grounds of appeal.
The complaint contains the allegations, among others, that plaintiff is, in effect, a public utility which furnishes water to between thirty and forty families who reside in an unincorporated area known as the Lakewood section in Richland County, and obtains its supply from the defendant, Garden Water Company, a corporation which is engaged in the business of distributing water in the county, and that the South Carolina Public Service Commission on July 16, 1951, ordered the sale and delivery of water by the named defendant to the plaintiff and fixed the prices at which plaintiff would purchase and at which it would resell to its customers. The Garden Company was an enterprise of one Simon Faust, now deceased, and it purchased water from the City of Columbia. It mortgaged its properties to the Building and Loan Association defendant and in prior litigation the Garden Company and the defendant Greater Columbia Water District, Sub-district F, were enjoined from cutting off plaintiff's water supply. The defendant Town of Forest Lake was pretensively incorporated of small area and less than one hundred inhabitants, without election, which defendant, by mesne conveyances, acquired title to certain water
Page 721
lines and issued so-called 'revenue bonds' which the Building and Loan Association purchased, which issue (and purchase) was unauthorized by law and was but a scheme and artifice. The lines of Garden Water Company are miles away from the area of the Town of Forest Lake. Nevertheless plaintiff has received from the purported Water Works Department of the Town a letter wherein it demands of plaintiff that it pay certain increased water rates and require the residents of its area to pay tappage fees of $100, in...To continue reading
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Paradis v. Charleston Cnty. Sch. Dist., Appellate Case No. 2018-002025
...even when later cases did not fully articulate all of the requisite elements. See, e.g. , Lakewood Water Co. v. Garden Water Co. , 222 S.C. 450, 453, 73 S.E.2d 720, 721 (1952) ("The two decisions of Charles v. Texas Company , 192 S.C. 82, 5 S.E.2d 464, and Id. , 199 S.C. 156, 18 S.E.2d 719,......
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Paradis v. Charleston Cnty. Sch. Dist., 28030
...even when later cases did not fully articulate all of the requisite elements. See, e.g., Lakewood Water Co. v. Garden Water Co., 222 S.C. 450, 453, 73 S.E.2d 720, 721 (1952) ("The two decisions of Charles v. Texas Company, 192 S.C. 82, 5 S.E.2d 464, and Id., 199 S.C. 156, 18 S.E.2d 719, rat......
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Paradis v. Charleston Cnty. Sch. Dist., Appellate Case No. 2018-002025
...even when later cases did not fully articulate all of the requisite elements. See, e.g., Lakewood Water Co. v. Garden Water Co., 222 S.C. 450, 453, 73 S.E.2d 720, 721 (1952) ("The two decisions of Charles v. Texas Company, 192 S.C. 82, 5 S.E.2d 464, and Id., 199 S.C. 156, 18 S.E.2d 719, rat......
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Turbeville v. Gordon, 17425
...reasonably deducible therefrom, are to be liberally construed in the plaintiff's favor. Lakewood Water Company v. Garden Water Company, 222 S.C. 450, 73 S.E.2d 720; Franks v. Anthony, 231 S.C. 191, 97 S.E.2d While the complaint in the instant case is vague and indefinite in many respects, w......