Mullinax v. Hambright
Supreme Court of South Carolina
Before Moore, J., Cherokee, March, 1920. Action by John Mullinax, as Administrator of the Estate of Charles Mullinax, Deceased, against J. B. Hambright et al., Constituting the Cherokee County Highway Commission. From order sustaining a demurrer to the complaint, the plaintiff appeals. The complaint was as follows : “The plaintiff shows to the Court: “First. That Chas.
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Before Moore, J., Cherokee, March, 1920. Action by John Mullinax, as Administrator of the Estate of Charles Mullinax, Deceased, against J. B. Hambright et al., Constituting the Cherokee County Highway Commission. From order sustaining a demurrer to the complaint, the plaintiff appeals. The complaint was as follows : “The plaintiff shows to the Court: “First. That Chas. Mullinax, sort of plaintiff, died intestate in Cherokee county, S. C., on June 17, 1919, and left surviving him, John Miullinax, his father; Fulton, Raymond, Lillian, and Victoria Mullinax, minors, brothers and sisters, and for…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
1 The complaint shows upon its face that the Cherokee County Highway Commission is a governmental agency. And the general proposition that a governmental agency is not subject to an action for tort is sustained by the following authorities: Young v City Council of Charleston, 20 S. C. 116, 47 Am. Rep. 827; Triplett v. City of Columbia, 111 S. C. 7, 96 S. E. 675, 1 A. L. R. 349.
2 The appellant’s attorneys contend, however, that this principle is not applicable, for the reason that the action allowed by section 3955, Code of Raws…
2Cases cited6 opinions
- Hopkins v. Clemson Agricultural College of South CarolinaSupreme Court of the United States · 1911
- In Re Estate of MayoSupreme Court of South Carolina · 1901
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Triplett v. City of CoulumbiaSupreme Court of South Carolina · 1918
- Dunn v. Town of BarnwellSupreme Court of South Carolina · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Chick Springs Water Co. v. State Highway DepartmentSupreme Court of South Carolina · 1931
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
- Sherbert v. School Dist. 85, Spartanburg Co.Supreme Court of South Carolina · 1933
8 more not listed; retrieve them via the Exa API.