56 S.C. 30 | S.C. | 1899
The opinion of the Court was delivered by
The plaintiff claims that the defendant has injured him in the sum of $525, arising from filling
Now as'to the appeal from the order dated the 7th November, 1898. In passing upon this question we will reproduce the text of the amended complaint. “The plaintiff herein respectfully shows to the Court. For a first cause of action. 1 st. That the defendant railway company is now, and was at the times hereinafter stated, a corporation created and existing under and by the laws of -the State of South Carolina, and that plaintiff herein is a -resident of York County, in said State. 2d. That the defendant company owns and operates a line of railway with a right of way over and through the lands of plaintiff, lying in said county, on both sides of Bullock’s Creek, at the point where defendant’s railway track crosses said creek, which said lands extend above and below the point of said crossing, the lands at and below said crossing being alluvial lands of great value. 3d. That on or about the 1st day of June, 1897, defendant company began t-heconstructionof an embankment through plaintiff’s lands at thepoint where its track crosses Bullock’s Creek, and completed the same about the 1st day of November, 1897. That said embankment supports defendant’s railway track across said creek in place of the trestling on which said track was first constructed, and has a length of 640 and a height of about fifty feet, and the natural slope of the clay used in making said embankment, owing to its negligent and improper construction, has caused it to project outside of and beyond defendant’s right of way, and covering with clay plaintiff’s land on either side of said track to the width of twenty-five feet, and depriving plaintiff of the use thereof, to his injury and damage in the sum of $100. And defendant alleges that the natural effect of the subsidence of the said embankment, owing to its construction as aforesaid, and replenishing the same from time to time, will cause it to covera
To the order of November 7th, 1898, the defendant states these exceptions: “1. Error in the application of the correct legal principle that if damage result from a negligent act in the doing of lawful work, the defendant railway company must respond in a suit like the present — the error consisting
The second exception is of no practical effect in the connection in which it occurs. It is overruled.
So far as the seventh exception is concerned, we agree with the views expressed by the Circuit Judge. The exception is overruled.
Lastly, the eigdith exception seems inténded to comprehend all previous exceptions in it. If so, we have already passed upon them. If not, the form of the exception is faulty in not pointing out any specific error. It is overruled.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.