53 S.C. 575 | S.C. | 1898
The opinion of the Court was delivered by
This is an appeal from an order of nonsuit in an action by plaintiff, the owner of a lot abutting on a street in the city of Greenville, for damages resulting from the lowering of the grade of the street by the city council. The evidence tended to show that plaintiff, in 1878, with reference to the grade of the street then established, erected a dwelling house and other improvements on said premises, and that in 1895-6, the city council, against her protests, cut down the grade of the street in front of said lot about eight feet lower than in 1878, thereby rendering access to her premises difficult, and depreciating the market and rental value, to her damage estimated at from $1,200 to $2,000. It appeared also by the complaint and answer that plaintiff applied to the defendant, offering to submit the question of damages to commissioners as provided in the city charter, but defendant, denying its liability, refused to appoint a commissioner.
We, therefore, affirm the order of nonsuit, but without prejudice to the right of plaintiff to seek compensation in the manner provided by charter of the city of Greenville. Judgment affirmed.