Crocker v. Weathers

Moss, Justice.

This action was instituted by Elvira Kirby Crocker, as administratrix of the estate of Robert E. Kirby, deceased, the respondent herein, against Joe Manning Weathers and Wendell West, defendants, of whom Wendell West is the appellant, to recover damages for the wrongful death of Robert E. Kirby. The action was brought pursuant to Section 10-1951 et seq., 1952 Code of Laws of South Carolina, for the benefit of Elvira Kirby Crocker, the mother and the sole beneficiary under said statute.

The complaint alleges that on November 20, 1960, Robert E. Kirby was riding as a passenger in…