Cooper v. Richland County
Supreme Court of South Carolina
Before Klugh, J., Richland, July, 1906. Action by W. B. Cooper against Richland1 County. Fro'm judgment sustaining demurrer, plaintiff appeals. cite: The injury of plaintiff was the proximate cause of defendant’s negligence: 29 S. E., 910; 54 S. C., 498; 13 Neg.
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Before Klugh, J., Richland, July, 1906. Action by W. B. Cooper against Richland1 County. Fro'm judgment sustaining demurrer, plaintiff appeals. cite: The injury of plaintiff was the proximate cause of defendant’s negligence: 29 S. E., 910; 54 S. C., 498; 13 Neg. R., 454. If more than one inference can be drawn it is alzmys matter for jury: 54 S. C., 498; 2 L. R. A., 605. Statute should be liberally construed: 26 Ency., 53.0; 59 S. C., 577; 16 S. C., 425. Is the word "act” in the proviso synonymous with negligence? 18 S. E., 936; 57 S. C., 302; 73 S. C., 254. Messrs. Thomas & Thomas, contra,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action under section 1347, of the Code of Laws,, which is as follows: “Any person who shall receive bodily injury or damage in his person or property through a defect or in the negligent repair of a highway, causeway, or bridge, may recover in an action against the county, the amount of actual damage sustained by him by reason thereof: Provided, Such person has not in any way brought about such injury or da'mage by his own act, or negligently contributed thereto. If such defect in any road, causeway, or bridge existed before…
2Cases cited5 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Bennett v. Lockwood & CarterNew York Supreme Court · 1838
- Duncan v. Greenvile CountySupreme Court of South Carolina · 1906
- McFail v. Barnwell CountySupreme Court of South Carolina · 1900
3Cited by21 opinions
- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Woody v. South Carolina Power Co.Supreme Court of South Carolina · 1943
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
- Tobias v. Carolina Power & Light Co.Supreme Court of South Carolina · 1939
- Foster v. City of UnionSupreme Court of South Carolina · 1924
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