Bowers v. Carolina Public Service Corp'n

(dissenting) : I concur with Mr. Justice Stabler in the result of his disposition of the first four exceptions, and will express my conclusions in reference to them ini my own way. I dissent from his disposition of the fifth exception, and will discuss it later.

This is an action for damages, resulting from the wrongful death of the intestate, Thomas H. Bowers, due, as alleged, to the willful and negligent act of the defendant company’s agent and servant, in causing a collision between the intestate’s wagon and a truck driven by said agent.

The facts appear to be as follows: The deceased,…