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CUTCHIN v. S.C. DEPT. OF HWYS. & PUBLIC TRANSP.

23138

301 S.C. 35 (1990)

389 S.E.2d 646

Antonia CUTCHIN and John Cutchin, Respondents v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant.

Supreme Court of South Carolina.

Decided January 22, 1990.

Attorney(s) appearing for the Case

W. Francis Marion, Jr., and Moffatt G. McDonald, Haynsworth, Marion, McKay & Guerard, Greenville, for appellant.

J.D. Todd and Samuel W. Outten, Leatherwood, Walker, Todd & Mann, Greenville, for respondents.

Heard Dec. 7, 1989.

Decided Jan. 22, 1990.

CHANDLER, Justice:

South Carolina Department of Highways and Public Transportation (Dept.) appeals a jury verdict in favor of respondents Antonia and John Cutchin (the Cutchins). We affirm.

FACTS

In 1954 or 1955, Dept. constructed a cement culvert under U.S. highway 123 By-Pass in Easley. The culvert is approximately 40 yards from the Cutchins' home.

During the 1970's, the Cutchins...

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