Woods v. Rock Hill Fertilizer Co

Citation86 S.E. 817,102 S.C. 442
Decision Date08 November 1915
Docket Number(No. 9229.)
PartiesWOODS. v. ROCK HILL FERTILIZER CO.
CourtUnited States State Supreme Court of South Carolina

86 S.E. 817
102 S.C. 442

WOODS.
v.
ROCK HILL FERTILIZER CO.

(No. 9229.)

Supreme Court of South Carolina.

Nov. 8, 1915.


[86 S.E. 818]

Appeal from Common Pleas Circuit Court of York County; C. M. Efird, Special Judge.

Action by Buena Vista Woods against the Rock Hill Fertilizer Company. Judgment for plaintiff, and defendant appeals. Affirmed.

The material allegations of the complaint were as follows:

(1) That the plaintiff is a resident of the city of Rock Hill, county and state aforesaid, is now and has been for a great number of years the owner and in the possession of the following described real estate, on which is located her dwelling. * * *

(3) That the defendant does now, and did at the times hereinafter stated, own and control all that piece, parcel, or lot of land situated, lying, and being in the corporate limits of the city of Rock Hill, S. C, on which it has erected and is operating a fertilizer plant. * * *

(4) That the plaintiff with her sister and mother, who is now 88 years of age, reside on the lot described in paragraph 1 of this complaint, and have so resided for the last 20 years, and plaintiff has during said time made extensive improvements on said lot and building at cost of not less than $2,500, and the said property is very valuable.

(5) That the plaintiff acquired the said property and improved the buildings thereon for the purpose of a permanent home for herself, her sister, and her aged mother, and has continuously used for said purpose for the period above named; for the purpose of a home this said lot was and is particularly and peculiarly desirable, it being situated only about 300 yards from the business portion of the city of Rock Hill, S. C, on the leading and most prominent and important street easily accessible to business offices of said town, her sister being required to accept employment in an office, and, also, her mother now so old and partially blind it is impossible to now move her without serious damage to her health and without destroying the future happiness of her said mother as her said mother, even though practically blind, is able to visit from room to room without assistance, which would be impossible should she be removed to a different home, and for the further reason that her brother, who lived with her, has just recently died, and her said mother daily visits, without assistance, the room formerly occupied by her son, and to deprive her of this privilege at her age in life would destroy the greater part of her happiness and comfort; and before the erection of the said fertilizer works hereinbefore referred to this home was quiet, and the occupants of the said home enjoyed the pure and unadulterated air, and the place was healthy.

(6) That the plaintiff has had opportunities to sell said place, but has always refused same for the principal reasons that adjoining this said property her sister, with her family, reside.

(7) That the defendant is now...

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