Slater v. Price
Citation | 98 S.C. 246,80 S.E. 372 |
Parties | SLATER et al. v. PRICE et al. |
Decision Date | 25 November 1913 |
Court | South Carolina Supreme Court |
Petition for Rehearing, Dec. 15, 1913.
While a landowner can protect his property from the injury of surface waters, held, by an equally divided court, that he cannot collect it in an artificial channel and cast it on the land of his neighbor.
[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Dig. §§ 131-134; Dec. Dig. § 119.*] •
In an action for damages for obstructing a drainage ditch, which drained both plaintiffs and defendants' property, where there was evidence tending to show that the ditch had existed for the prescriptive period, held, by an equally divided court, that an instruction on the obligation of a landowner not to collect surface waters into an artificial channel and cast them on the land of his neighbor was proper.
[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Dig. §§ 139, 141, 142; Dec. Dig. § 126.*]
In an action for obstructing a drainage ditch, a showing that it had existed for over 20 years held, by an equally divided court, to cast the burden on defendants of showing that the use was only permissive.
[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Dig. §§ 156, 157; Dec Dig. § 152.*]
Where a charge is correct, but a party desires a more extended charge, held, by an equally divided court, that he must embody his proposition in the form of a request.
[Ed. Note.—For other cases, see Trial, Cent. Dig. §§ 628-641; Dec. Dig. § 256.*]
In an action for obstructing a drainage ditch, where plaintiffs claimed that it was an easement, held, by an equally divided court, that an instruction on the passage of an easement upon conveyance of land was proper; the trial judge being allowed to charge the jury as to the law applicable to all of the issues.
[Ed. Note.—For other cases, see Trial, Cent Dig. §§ 587-595; Dec. Dig. § 251.*]
Where the owner of a tract of land established a drainage ditch, and sold off a portion through which the ditch drained, and it was necessary to drain that land, held, by an equally divided court, that an easement in the ditch passed to the grantee as an appurtenance.
[Ed. Note.—For other cases, see Waters and Water Courses, Cent Dig. §§ 167-173; Dec Dig. § 154.*]
In an action for obstructing a drainage ditch, held, by an equally divided court that punitive damages could not be allowed against the landowner, who was not in possession, and did not obstruct the ditch.
[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Dig. § 140; Dec. Dig. § 125.*]
Appeal from Common Pleas Circuit Court of Darlington County; J. S. Wilson, Judge.
Action, by Wiley Slater and another against W. W. Price and Irving Price. From a judgment for plaintiffs, defendants appeal. Affirmed as to W. W. Price and conditionally affirmed as to Irving Price.
The defendants' exceptions were as follows:
E. O. Woods and E. C. Dennis, both of Darlington, for appellants.
J. B. McLauchlin, of Columbia, for respondents.
This was an action for damages by plaintiffs against the defendants. The complaint alleges that plaintiffs and de-fendants were owners of adjoining tracts of land, and that plaintiffs were damaged to the extent alleged in the complaint, to wit, $2,000, by reason of the defendants obstructing and shutting up a ditch which drained the surface water from the tract of land owned by the plaintiffs. Both of the tracts of land involved were originally owned by one Reynolds, and both the plaintiffs and defendants acquired their titles through transfers subsequent to the ownership by Reynolds of the entire tract. The cause was tried by Judge Wilson and a jury, and resulted in a verdict for the plaintiffs for damages in the sum of $100, and to re-open the ditch. A motion for a new trial was made on various grounds, which was overruled, and after entry of judgment defendants appealed, and asked reversal of the same. The exceptions should be set out in the report of the case.
Exception 1 complains of error on the part of his honor in charging the jury as to the question of surface water. We see no error in the judge's charge taken as a whole in reference to the matters complained of. There was some evidence tending to show that the obstruction of the ditch caused the water to be collected and thrown back on the lands of the plaintiffs, and that this obstruction, erected by the defendants, cast the water on the plaintiffs' land and prevented it from going in the ditch erected and maintained for the purpose of carrying it off. The evidence shows that both tracts of land at one time were one tract, and owned by one Reynolds, and the ditch was put there to drain the land. C. E. Reynolds testifies that the land was owned by his father; that he had known the land all his life; that at one time he owned the Price land, and that then his brother owned it; that the ditch had been there practically in the same place all of his life. It is true he does not say how old he is, but testifies he left the land in 1886, and that the ditch was there then. This...
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