44 S.C. 168 | S.C. | 1895
The opinion of the court was delivered by
The plaintiff brought this action against the municipal corporation known and designated by the name of the City Council of Greenville, and against the several individuals holding the offices of mayor and aldermen, and also the city engineer, to recover damages alleged to have been sustained by him by reason of the laying of a sewer pipe through a lot of land in the city of Greenville, the property of the plaintiff.
The allegations contained in the complaint, omitting those which are of a formal character — such as relate to the corporate character of the first named defendant, the names of the
The defendants answered, admitting the corporate character of the first named defendant, the names of the persons set forth in the complaint as the committee on sewer, that the said Lawrance was the city engineer, and that the plaintiff was the owner of the lot described in the complaint, but say that they do not know its size or value, but that they are informed, and believe, that it is not of the value ascribed to it in the com
The case came on for trial before his honor, Judge Ernest Gary, and when the complaint was read, and before the answer was heard, a motion was made by counsel for defendants to dismiss the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action against any of the defendants. After hearing argument, the Circuit Judge granted an order, in which he said: “It appearing to my satisfaction that said defendant being a municipal corporation, cannot be made liable for a trespass committed by its officers or agents acting in a public capacity, as alleged in the said complaint; I, therefore, sustain said motion, and dismiss the complaint as to the said defendant, the City Council of Greenville.” The court then proceeded to hear the testimony as against the-other defendants, and when the testimony on behalf of the plaintiff was closed, a motion for a nonsuit was made, based upon the ground that there was no evidence tending to establish the material facts alleged in the complaint, which motion was granted. Judgment having been entered accordingly, the plaintiff appeals upon the several grounds set out in the record;
The judgment of this court is, that the judgment of the Circuit Court be affirmed.