(Download) "Smicklas v. Spitz" by South Carolina Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Smicklas v. Spitz
- Author : South Carolina Supreme Court
- Release Date : January 20, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1 Three issues are presented: 1) whether a private citizen may seek abatement of a public nuisance based solely upon the violation of a municipal ordinance; 2) whether a jury instruction indicating that a landowner along a waterway may construct dikes, embankments or other structures to maintain, protect, and restore the property to its original condition adequately reflects Oklahoma law; and 3) whether an expert witness may be impeached with sworn testimony given in a prior unrelated case. We find that: 1) A declaration that an activity is a public nuisance violating a city ordinance will not justify, in and of itself, granting a private party an injunction. Pursuant to 50 O.S. 1991 ? 10 , an individual may maintain an action to abate a public nuisance only if it is specifically personally injurious; 2) An instruction on the rights of riparian land owners containing no limiting language concerning actions that may be taken to protect property is defective; and 3) An expert witness may be impeached with sworn testimony given in a prior unrelated case if the testimony is relevant and if it tends to explain, contradict or discredit the witnesss testimony. Here, the experts prior inconsistent statements concerning river mechanics are admissible.
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