McLees v. City of Anderson
Supreme Court of South Carolina
Before Gage, J., Anderson, July, 1908. Action by Mrs. Anna E. McEees and her husband, George R. McEees, against city of Anderson, on the following complaint : “The complaint of the plaintiffs respectfully shows: 1. “That the plaintiff, Mrs. Anna E. McEees is a married woman, the wife of her co-plaintiff, George R. McEees, who is joined with her in this action in compliance with the requirement of the statute in such case, made and provided. *• 2. “That the defendant, the…
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Before Gage, J., Anderson, July, 1908. Action by Mrs. Anna E. McEees and her husband, George R. McEees, against city of Anderson, on the following complaint : “The complaint of the plaintiffs respectfully shows: 1. “That the plaintiff, Mrs. Anna E. McEees is a married woman, the wife of her co-plaintiff, George R. McEees, who is joined with her in this action in compliance with the requirement of the statute in such case, made and provided. *• 2. “That the defendant, the city of Anderson, is a municipal corporation under and by the laws of the State of South Carolina, and is empowered by the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from an order overruling a demurrer to the complaint (which will be set out in the report of the case) on the ground that it does not state facts sufficient to constitute a cause of action.
The first ground of the demurrer was “because the complaint shows on its face that the injury complained of was the result of the plaintiff’s own negligent act, or that they negligently contributed thereto.” The complaint alleges that “the plaintiffs did not in any way bring about such injuries by their own negligent act, nor did…
2Cases cited2 opinions
- Walker v. Chester CountySupreme Court of South Carolina · 1894
- Long v. Southern Railway Co.Supreme Court of South Carolina · 1897
3Cited by3 opinions
- Moody v. Aiken CountySupreme Court of South Carolina · 1923
- Huggin v. Town of GaffneySupreme Court of South Carolina · 1926
- Moody v. Aiken CountySupreme Court of South Carolina · 1923