Stark v. M'Gowen

Decided November 15, 1818

Supreme Court of South Carolina · decided 1818-11-15

Action on the case for a nuisance, tried at Columbia, Fall Term, 1818, before Mr Justice Colcock. The plaintiff’s counsel first produced the Act of 1799, vesting the ferry, now owned by plaintiff, in the heirs of Comply for the term of fourteen years. It was admitted, that the clause so granting this ferry was not to be found in the engrossed act, though, in the act printed by the Slate printer. Next was produced the Act of 1811,1 3 Brev.

Decided 1818-11-15

Gantt, J.

¶1I dissent on all the grounds taken to support the action of the plaintiff; there is no infringement of any right granted. The application of common law principles, in relation to prescription, to a ease of express grant, is inadmissible; and I think the damages given excessive, and unwarrantable, from the facts given in evidence.

¶29 Stat. 459, § 30.

¶31 Brev. 55; 2 Bay. 454. See 2 Bail. 25.

¶4 1 Jac. L. D. 424. 4 Inst. 88. Perrin v. Sikes, 1 Day’s Rep. De Lolme on the Const. 133-49. 1 Fonb. 17. 2 Sull Lect. 171-4, Admor Byrne v. Admor Stewart, 3 Eq. Rep. 475. Livingston v. Van Ingen, 9 John. Rep. 563-4-72-3. Cas. and Opin. 407-9-15. 1 Wood, Vin. Lect. 197. 2 Amer. Law Jour. 263, 270-271. R.