Legal Opinion
Hemingway v. Shull
District Court, D. South Carolina
Decided June 27, 1968No. Civ. A. 67-811PublishedCited by 15 opinions
1Opinion of the Court
ORDER
HEMPHILL, District Judge.
Defendant moves to dismiss 1 this wrongful death action on the grounds that it was not commenced within the six-year period of the applicable South Carolina Statute of Limitations. 2 According to the complaint plaintiff’s intestate, the late J. Herman Bruorton, was killed on May 26, 1957. Plaintiff insists that the action is not barred because of the provisions of Section 10-104, S.C. Code. 3 Plaintiff says that he had at least one year after disability of the minor beneficiary(s) to bring the suit, which would extend their right to bring such action beyond the…
2Cases cited16 opinions
- Scarborough v. Atlantic Coast Line R. CoCourt of Appeals for the Fourth Circuit · 1949
- In Re Estate of MayoSupreme Court of South Carolina · 1901
- Bickford v. FurberMassachusetts Supreme Judicial Court · 1930
- Brown v. FingerSupreme Court of South Carolina · 1962
- Carden v. L. & N. R. R.Court of Appeals of Kentucky · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Haakanson v. Wakefield Seafoods, Inc.Alaska Supreme Court · 1979
- Beeck v. S.R. Smith Co.Supreme Court of Iowa · 1984
- Merchants Mutual Insurance v. South Carolina Second Injury FundSupreme Court of South Carolina · 1982
- Gomez v. LevertonCourt of Appeals of Arizona · 1973
- Tollison v. B & J MacHinery Co., Inc.District Court, D. South Carolina · 1993
10 more not listed; retrieve them via the Exa API.