Abernathy v. City of Columbia

Stukes, J.:

Demurrer was sustained to the complaint in this action upon the general ground that it fails to state a cause of action for damages against the defendant City of Columbia. Appeal followed. Plaintiff’s intestate was engaged in his trade in what is called the Columbia Curb Market in Assembly Street when he was killed by an explosion in the nearby place of one Wessells in the Market. Wessells occupied a building in the market place, formerly the center of the street, under license from the City, wherein he ripened fruit, principally bananas, by use of a dangerous gas, which, i.t is…