Legal Opinion

Burnett v. City of Greenville

Supreme Court of South Carolina

Decided January 16, 1917No. 9573PublishedCited by 12 opinions

Before Gary, J., Greenville, April, 1916. Action to recover damages for personal injuries brought by W. M. Burnett against the City of Greenville. From a judgment on demurrer, dismissing the complaint, plaintiff appeals.

Read the full summary

Before Gary, J., Greenville, April, 1916. Action to recover damages for personal injuries brought by W. M. Burnett against the City of Greenville. From a judgment on demurrer, dismissing the complaint, plaintiff appeals. The complaint was as follows : “The plaintiff, complaining against the defendant, respectfully shows to the Court: 1. That the defendant is a municipal corporation organized under the laws of South Carolina, situate in Greenville county. 2. That there is in said city of Greenville a street known as Main street for the use of pedestrians and vehicles, wholly wi,thin the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

Action .for damages to the person and to personal property; order sustaining demurrer to the complaint; appeal by the plaintiff. There are four exceptions, but only one issue: Does the complaint state a case? The complaint ought to be reported.

The statute allows an action to (1) “any person who shall receive * * * damages in his person or property (2) through a defect in any street * * * (3) or by reason of defect or mismanagement of anything under the control of the corporation.” The numerals are supplied.

1 The plaintiff received the…

2Cases cited2 opinions

  1. Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
  2. Creps v. City of ColumbiaSupreme Court of South Carolina · 1916

3Cited by12 opinions

  1. Reeves v. City of EasleySupreme Court of South Carolina · 1932
  2. Triplett v. City of CoulumbiaSupreme Court of South Carolina · 1918
  3. Douglass v. County Court of Roane Co.West Virginia Supreme Court · 1922
  4. Stanley v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1967
  5. Gilchrist v. City of CharlestonSupreme Court of South Carolina · 1921

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API