58 S.C. 357 | S.C. | 1900
The opinion of the Court was delivered by
This appeal is from an order sustaining a demurrer to the complaint pleaded by the two last named defendants on the ground that as to them it failed to state facts sufficient to constitute a cause of action. The complaint alleges in substance that the Georgia, Carolina and Northern Railway Company in building its roadbed over a water course on plaintiff’s land, negligently constructed a culvert too narrow to permit the volume of water to pass through without flooding, and thereby flooded plaintiff’s land, injuring said land and destroying his crops. After alleging a lease of said railroad, &c., by the G., C. & N. R. R. Co. to the two last named defendants, and stating particulars and damages, the complaint alleges that said lessees since said lease “kept and maintained, with full knowl- • edge of its unlawful and negligent construction and without any effort to remedy it, the culvert before named, to the continuous damage of this plaintiff, as above alleged.” The complaint did not allege the placing of any obstruction over
Judgment of the Circuit Court is affirmed.