Mullinax v. Hambright

Supreme Court of South Carolina

Mullinax v. Hambright

108 S.E. 187, 116 S.C. 459, 1921 S.C. LEXIS 124

CourtSupreme Court of South Carolina

DecidedAugust 1, 1921

Docket10706

StatusPublished

This text of 108 S.E. 187 (Mullinax v. Hambright) 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

Mullinax v. Hambright, 108 S.E. 187, 116 S.C. 459, 1921 S.C. LEXIS 124 (S.C. 1921).

Pincite

Opinions

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for death by wrongful act. The complaint alleges that the deceased was killed on account of the willful, reckless, and earless conduct of the defendants, their agents and servants, and that the defendants compose and constitute the Cherokee Highway Commission.

The defendants demurred to the complaint on the ground that the complaint did not state facts' sufficient to constitute a cause of action, in that the defendants are not liable for the .negligence of subordinates engaged in the work. The demurrer was sustained.

The statute gives a right of action where death is- caused by the wrongful act of another. It may be that on the trial it will appear that the déath was caused, not by the negligence of the defendants, but by others for whose conduct *461 the defendants are not responsible. But the complaint alleges that the death was caused by the wrongful act of the defendants, and in so alleging stated a good cause of action.

The judgment appealed from is reversed.

Mr. Chief Justice Gary and Mr. Justice Watts concur.

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