Heath v. Town of Darlington

The opinion of the Court was delivered by

Mr. Justice Bonham.

This cáse came to this Court the first time on appeal from an order of Judge Dennis overruling a demurrer to the complaint. The order appealed from was affirmed by this Court in an opinion by Mr. Justice Stabler. 171 S. C., 196, 171 S. E., 916. Mr. Justice Stabler said: “If, as alleged in the complaint before us, the town, with actual or constructive knowledge, permitted such sign to be negligently placed and maintained over and above the sidewalk in a patently dangerous condition, it would be a question for the jury whether such…