Drafts v. State Highway Department

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

Opinions

The opinion of the Court was delivered by

Mr. ChiEE Justice Watts.

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.