Dupre v. Lexington County
Supreme Court of South Carolina
Before Gage, J., Lexington, January 5, 1911. Action by Ernest DuPre against Lexington County. From order affirming judgment of Magistrate Henry Buff, defendant appeals.
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Before Gage, J., Lexington, January 5, 1911. Action by Ernest DuPre against Lexington County. From order affirming judgment of Magistrate Henry Buff, defendant appeals. Mr. Wingard cites: The county board has jurisdiction of this claim: Con., art. V, sec. 1, Code 1902, secs. 755, 806, 1347; 24 S. C. 546; 81 S. C. 424, 202; 8.5 S. C. 296. cites: The county board'has no jurisdiction of claims ex delicto against the county: 11 Cyc. 390; 24 S. C. 534; 27 S. C. 421; Code 1902; secs. 1347, 1348; 32 S. C. 1.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
In October, 1909, plaintiff filed with the county board of commissioners of Lexington county an itemized and verified claim of $99.75 against the county for damages to his automobile alleged to have been caused by collision with a stump in the public highway. The county board in January, 1910, passed upon the claim and disapproved it. No appeal was taken from this action of the board, but on April 2, 1910, plaintiff brought suit in a magistrate's court for the said amount claimed as damages due to the negligence of the county in…
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