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LEE v. SOUTHERN RAILWAY CO.

17075

228 S.C. 240 (1955)

89 S.E.2d 431

J. CAIN LEE, Appellant, v. SOUTHERN RAILWAY COMPANY, Respondent.

Supreme Court of South Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

Messrs. Harvey W. Johnson and James B. Stephen, of Spartanburg, for Appellant.

Messrs. Frank G. Tompkins, Jr., of Columbia, and Sam R. Watt and Chester D. Ward, Jr., of Spartanburg, for Respondent.

October 12, 1955.

TAYLOR, Justice.

Appellant in this case seeks injunctive relief and to recover for damage done to certain real estate and a gladiolus crop thereon alleged to have been caused by Defendant's construction of a passing track and resulting diversion and concentration of surface waters thereon.

Respondent's answer amounts to a general denial of the material allegations of the complaint and pleads that the passing track was constructed...

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