Hinnant v. South Carolina State Highway Dept.

Stukes, Justice.

This action is upon a complaint for damages to plaintiff’s person and property which are alleged to have resulted from a defect in Center Street, Folly Beach, which is a part of the State Highway System. One of the defenses contained in the answer is that the accident occurred within the limits of Folly Beach Township, a municipal corporation, wherefore the action cannot be maintained against the defendant. Plaintiff moved to strike the alleged defense upon the ground that the Township is not a municipality, as referred to in Section 33-234 of the Code of 1952. The motion was…