Hutchison v. Town of Summerville
Supreme Court of South Carolina
Action by Philip H. Hutchison against town of Summerville. From judgment for plaintiff, defendant appeals. cite: Town is not responsible for error in judgment in repairing sidewalk: 91 N. Y., 737; 29 Am. St. R., 737; 38 S. C., 282. Liability does not apply to new way: 43 S. C., 400. As to deñnition of actual damages: 51 S. C., 480. cite: Liability of municipalities: Code, 1902, 2023; 43 S. C., 398. Deñnition of actual damages is correct: Suth. on Dam., 17.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Statement of facts. — This appeal involves the construction of section 2023 of the Code of Daws, which is as follows: “Any person who shall receive bodily injury or damage in his person or property through a defect in any street, causeway, bridge or public way, or by reason of defect or mismanagement of anything under the control of the' corporation within the limits of such town, may recover in an action against the same the amount of actual damages sustained by him by reason thereof. If any such defect in a street, causeway or bridge…
2Cited by14 opinions
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- Austin v. Specialty Transportation Services, Inc.Court of Appeals of South Carolina · 2004
- Haselden v. DavisSupreme Court of South Carolina · 2003
- Reeves v. City of EasleySupreme Court of South Carolina · 1932
- Mellen v. LaneCourt of Appeals of South Carolina · 2008
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