Hicks v. City of Columbia

Taylor, Justice.

This appeal is from an order sustaining a demurrer to appellant’s complaint and poses the sole question of whether or not the complaint which alleges that plaintiff was injured by reason of a defect in a swing in a public park within the City of Columbia, said defect arising out of the neglect and mismanagement of the city, states a cause of action under Section 47-70 of the South Carolina Code of Laws for 1952.

The complaint, omitting the formal parts, alleges that plaintiff, a minor, is a resident of the City of Columbia and that on or about March 29, 1952, at about 8…