Legal Opinion

Sandel v. State

Supreme Court of South Carolina

Decided October 11, 1920No. 10494PublishedCited by 63 opinions

Before SeasE, J., Richland, March term, 1919. Action by J. O’Neal Sandel, as Administrator of the Estate of Minnie and Thelma Sandel, Deceased, against the State of South Carolina. From judgment for defendant, the plaintiff appeals.

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Before SeasE, J., Richland, March term, 1919. Action by J. O’Neal Sandel, as Administrator of the Estate of Minnie and Thelma Sandel, Deceased, against the State of South Carolina. From judgment for defendant, the plaintiff appeals. Mr. Graydon cites: Deceased children under five years of age. conclusively presumed to be incapable of contributory negligence: 29 Cyc. 537; 11 S. C. 77. Nor could negligence of parents be imputed to children: 66 S. C. 47; 76 S. C. 539; 81 S. C. 488; 1 Thomp. Neg., sec. 310, p. 292. Legal effect of report of Dr. Coward should have been ruled on by Court: Greenleaf…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justici; Hydrick.

By consent of the State, given by an act of the legislature (30 Stat. 1097), plaintiff brought this action for damages for the death of his two children, both under five years of age. He alleged that their death was caused by inoculating tjhem with impure antityphoid vaccinp sent out for use by the State board of health, and charges negligence in various-details of the preparation and bottling of the vaccine. The-defenses were a general denial and contributory negligence.

Plaintiff put in evidence a report made by Dr. Coward,…

2Cases cited9 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Carter v. Atlantic Coast Line Railway Co.Supreme Court of South Carolina · 1918
  3. Cannon v. Lockhart MillsSupreme Court of South Carolina · 1915
  4. Berger v. Charleston Consolidated Railway, Gas & Electric Co.Supreme Court of South Carolina · 1913
  5. Graham v. StateSupreme Court of South Carolina · 1918

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3Cited by63 opinions

  1. Gulf, C. & S. F. Ry. Co. v. BallewTexas Commission of Appeals · 1933
  2. Atchison v. Texas & Pacific Railway Co.Texas Supreme Court · 1945
  3. Robert R. Walker, Inc. v. BurgdorfTexas Supreme Court · 1952
  4. Robert R. Walker, Inc. v. BurgdorfTexas Supreme Court · 1951
  5. Gibson v. GarciaCalifornia Court of Appeal · 1950

58 more not listed; retrieve them via the Exa API.

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