Bennett v. Spartanburg Ry., Gas & Electric Co.
Supreme Court of South Carolina
Before Memminger, J., Action in tort, by N. L. Bennett, clerk of court, as administrator of the estate of Lucy Gales, deceased, against the Spartanburg Railway, Gas & Electric Company. Erom an order overruling its demurrer for misjoinder of causes of action, defendant appeals. The opinion states the case.
Read the full summary
Before Memminger, J., Action in tort, by N. L. Bennett, clerk of court, as administrator of the estate of Lucy Gales, deceased, against the Spartanburg Railway, Gas & Electric Company. Erom an order overruling its demurrer for misjoinder of causes of action, defendant appeals. The opinion states the case. The action under Lord Campbell’s Act, Code of Laws 1912, secs. 3955 and 3956, is a different action from that at common law which survives under sec. 3963: 60 S. C. 410. Mlements of damages in each are different: 60 S. C. 237. 70 S. C. 280.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The plaintiff set out two causes of action in his complaint. In the first, he alleges that, in the fall of 1908, his intestate was negligently injured by the defendant in consequence of which she suffered in body and mind and was partially incapacitated, until December, 1911, when she died. On account of her injury, he asks for $5,000.00 damages.
In the second cause of action, he alleges the same injury, and that it caused her death, ánd prays judgment for $10,000.00 damages for the benefit of her husband and children.
The defendant…
2Cases cited1 opinion
- In Re Estate of MayoSupreme Court of South Carolina · 1901
3Cited by36 opinions
- Keith v. Willers Truck ServiceSouth Dakota Supreme Court · 1936
- C. G. Bishop, Administrator of the Estate of Arthur Lee Baker, Jr., Deceased v. S. Hendricks, Jr.Court of Appeals for the Fourth Circuit · 1974
- Ferguson v. Charleston Lincoln Mercury, Inc.Supreme Court of South Carolina · 2002
- Piper v. American Fidelity & Casualty Co.Supreme Court of South Carolina · 1930
- Zorn Ex Rel. Estate of Zorn v. CrawfordSupreme Court of South Carolina · 1969
31 more not listed; retrieve them via the Exa API.