Morris v. Spartanburg Ry., Gas & Electric Co.
Supreme Court of South Carolina
Before Buci-ianan, J., Spartanburg, December, 1903. Action, by Jackson B. Morris, administrator of Wm. S. Morris, against Spartanburg Railway, Gas and Electric Co. From order refusing motion to declare action abated, defendant appeals. cite: Complaint must state the existence of the persons for whose benefit the action can be brought: 103 Ind., 44; 26 111., 400; 28 Minn., 371; 17 Neb., 750; 23 Ind., 133; 3 W. Va., 376;'3 Ell. on R. R., 1359; 70 Am.
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Before Buci-ianan, J., Spartanburg, December, 1903. Action, by Jackson B. Morris, administrator of Wm. S. Morris, against Spartanburg Railway, Gas and Electric Co. From order refusing motion to declare action abated, defendant appeals. cite: Complaint must state the existence of the persons for whose benefit the action can be brought: 103 Ind., 44; 26 111., 400; 28 Minn., 371; 17 Neb., 750; 23 Ind., 133; 3 W. Va., 376;'3 Ell. on R. R., 1359; 70 Am. St. R., 665; 54 S. C., 495. The action abated by death of father: 40 S. C., 397; 3 Hill, 251; 20 S. C., 477; 12 Rich., 284; 111 Fed. R., 710;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff, as administrator of William S. Morris., deceased, brought this action against defendant company for damages for wrongfully and negligently causing- the death of his intestate by running its rail7 way car over him, near Glendale Factory, on its line between Spartanburg, S. C., and Clinton, S. C., in May, 1902. The action was brought under sections 2851, 2852, et seq., Code, vol. 1, and the complaint, inter alia, alleged: “That said deceased left as his only heirs at law and distributees his father, Wm. Simpson Morris,…
2Cases cited1 opinion
- In Re Estate of MayoSupreme Court of South Carolina · 1901
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