Albert J. Todd, as Administrator of the Estate of Baby Todd, Deceased v. Sandidge Construction Company, a Corporation

ALBERT V. BRYAN, Circuit Judge:

An unborn child’s death as a result of a tortious injury to her mother does not give a cause of action under the wrongful death act of South Carolina,1 the District Court has held, if the child was not born alive, although the child was viable at the time of injury. The decision was made on motion of the defendant tortfeasor to dismiss the complaint of the administrator of the child’s estate. We reverse.

*76On January 9, 1963 Baby Todd was a live and healthy unborn child of 8 months gestation. While a passenger in an automobile on that day, her mother was violently…