Smith v. Wells

Lewis, Justice.

The sole question to be decided in this appeal is as follows: In an action brought for the benefit of the widow and children of a deceased, as statutory beneficiaries under the South Carolina wrongful death statute, is evidence of the remarriage of the widow admissible?

Ray E. Smith was killed when the motorcycle he was riding collided with an automobile driven by the defendant. He left surviving him his widow, twenty-four years of age, and two infant daughters, ages two and five. This action was brought pursuant to the South Carolina wrongful death statute (Section 10-1951 et…