Lyon v. City of Sumter

Gregory, Justice:

Respondents Carl Francis Lyon and Mrs. Sophia Lyon brought this action against appellant City of Sumter to recover damages for property loss. The lower court held the action could be maintained under Section 47-379, 1962 Code of Laws of South Carolina, and overruled appellant’s demurrer to the complaint. We reverse.

The facts are not disputed. The respondents are citizens, residents and property holders of the City of Sumter, an incorporated municipality containing more than five thousand inhabitants. On August 3, 1975 the respondents’ home in Sumter was destroyed by fire.…