Moss v. Aiken County
Supreme Court of South Carolina
Before Rice, J., Aiken, Summer term, 1919. Separate actions by Mrs. Lillian Moss and W. C. Lassiter against Aiken County. From an order overruling a demurrer to complaint striking out the defense of res adjudicata in the answer, the defendant appeals. cites: The liability is fixed by statute: 1 Code 1912, sec. 1972,, for counties; sec. 3053 for cities.
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Before Rice, J., Aiken, Summer term, 1919. Separate actions by Mrs. Lillian Moss and W. C. Lassiter against Aiken County. From an order overruling a demurrer to complaint striking out the defense of res adjudicata in the answer, the defendant appeals. cites: The liability is fixed by statute: 1 Code 1912, sec. 1972,, for counties; sec. 3053 for cities. Instances of defects in highway: 89 S. C.. 519; 71 S. C. 170; 95 S. C. 187. Rich bility of city broader than county: 104 S. C. 372; 106 S. C. 255; 111 S. C. 421; 107 S. C. 508. County not liable for torts of its officers or agents unless made…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
“On the 23d day of March, 1918, the plaintiff, Lillian Moss, of Augusta, Ga., was employed by the plaintiff, W. C. Lassiter, of Augusta, Ga., to send her automobile over into South Carolina and pull into Augusta, Ga., the auto mobile of Mr. Lassiter, which had been broken down or become disabled somewhere near the Edgefield county line about North Augusta. As the driver .of Mrs. Moss’ car, with Mr. Lassiter sitting in the seat by him, were proceeding towards Augusta along the highway leading from Belvedere to Augusta, they met a…
2Cases cited1 opinion
- Burnett v. City of GreenvilleSupreme Court of South Carolina · 1917
3Cited by5 opinions
- Gunther v. Board of County Road CommissionersMichigan Supreme Court · 1923
- Foster v. City of UnionSupreme Court of South Carolina · 1924
- Taylor v. Sumter CountySupreme Court of South Carolina · 1932
- Faust v. Richland CountySupreme Court of South Carolina · 1921
- Shelton v. Greenville CountySupreme Court of South Carolina · 1940