Powers v. Powers

Lewis, Justice.

This is a common-law action for the wrongful death of Robert W. Powers, brought by the executrix of his estate against the executrix of the estate of Ervin T. Powers. The deceased were fellow employees and the issue involved in this appeal concerns the right of the plaintiff to maintain the present action, in view of the fact that all parties were sub ject to the South Carolina Workmen’s Compensation Act, Section 72-1 et seq., 1952 Code of Laws.

This suit arose out of the deaths of both Robert and Ervin Powers in an airplane crash which occurred when the plane in which they were…