Chewning v. Clarendon County

(dissenting) : This is an action under Section 2948 of the Code of 1922 (as amended by Act April 14, 1925 [34 St. at Large, p. 287]), and Section 2950, for damages on account of the alleged wrongful death of the plaintiffs intestate, John H. Chewning, her husband, resulting from the breaking in of a bridge of the-county over which intestate was driving a tractor owned by the county and operated by the intestate as an employee of the county and under the direction of a superior officer.

The complaint alleges that the collapse of the bridge was due to the defective condition of the timbers and…