Drafts v. State Highway Department

Supreme Court of South Carolina

Drafts v. State Highway Department

140 S.E. 468, 142 S.C. 202, 1927 S.C. LEXIS 190

CourtSupreme Court of South Carolina

DecidedOctober 31, 1927

Docket12303

StatusPublished

This text of 140 S.E. 468 (Drafts v. State Highway Department) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Drafts v. State Highway Department, 140 S.E. 468, 142 S.C. 202, 1927 S.C. LEXIS 190 (S.C. 1927).

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Opinions

The opinion of the Court was delivered by

Mr. ChiEE Justice Watts.

*206 This is an action by Douvinia Drafts, as administratrix of the estate of Thomas I. Drafts, deceased, against the State Highway Department of South Carolina. The defendant interposed a demurrer which was sustained by his Honor S. W. G. Shipp at the March term of Court, 1926, at Lexington, S. C. Notice of appeal was duly and timely served.

There are eight exceptions, and the judgment must be reversed under the recent case of Scott v. Town of Brook-land and State Highway Department of South Carolina, 139 S. C., 321; 138 S. E., 32. The action survives under Code of Laws and McLendon v. City of Columbia, 101 S. C., 48; 85 S. E., 234; 5 A. L. R., 990.

Judgment reversed.

Messrs. Justices. Cothran, Brease, Stabrer, and Carter concur.

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