Kirk v. Clark

EishburnE, AJ.:

The plaintiff recovered damages for personal injuries alleged to have been sustained in a restaurant owned and operated by the defendant, Winfield Clark, at Santee, South Carolina. To the complaint, the defendant entered a general denial, and the affirmative defense that he was neither the owner nor the operator of the restaurant referred to therein. Upon his appeal to this court, he relies-solely upon this defense, hence all issues relating to negligence and wilfulness go out of the case.

On November 11, 1945, the plaintiff, an elderly woman, whose home was in Scranton,…