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DUANE v. PRESLEY CONST. CO., INC.

20679

270 S.C. 682 (1978)

244 S.E.2d 509

John P. DUANE, Respondent, v. PRESLEY CONSTRUCTION COMPANY, INC., Appellant, and W.H. Burkhalter, Ira J. Beaufort, and Edward W. King, d/b/a Riverside Builders, and Berry Construction Company, Respondents.

Supreme Court of South Carolina.

May 9, 1978.

Attorney(s) appearing for the Case

R. Davis Howser, of Richardson, Plowden, Grier & Howser, Columbia, for appellant.

George B. Snelling, Jr., of Augusta, Ga., for respondent Duane.

William H. Burkhalter, Jr., of Garvin, Grant, Fox, Nuessle, Zier & Burkhalter, North Augusta, for respondent W.H. Burkhalter, Ira J. Beaufort, and Edward W. King, d/b/a Riverside Builders.

Julian B. Salley, Jr., of Henderson, Salley, Lynn & Farmer, Aiken, for respondents W.H. Burkhalter, et al.

Kenneth R. Chance, of Harris, Chance & McCracken, Augusta, Ga., for respondent Berry Construction Co.

May 9, 1978.

NESS, Justice.

This appeal is from an order granting summary judgment to respondent Riverside Builders. We reverse.

John P. Duane brought suit against Riverside Builders, seeking $20,000.00 damages for alleged water concentration and silting upon his property caused by Riverside's development of the adjacent Brookgreen Subdivision. Appellant Presley Construction Company, Inc., an independent contractor who had cleared and improved the...

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