Miller v. Boyle Construction Co.

The opinion of the Court was delivered by

Mr. Associate Justice Eisitburne.

These two cases — one for death by wrongful act, and the other under the survival statute for conscious pain and suffering — were commenced in the Court of Common Pleas for Lexington County by the service of a summons (without complaint) on the fifth day of September, 1940, on A. D. McCoy, the representative and agent of the defendant, Boyle Construction Company, at its offices in Bates-burg, in said county. Mr. McCoy was the office manager of the defendant.

Before answering, the appellant served notice of a motion to…