Opinion
13149
May 22, 1931.
Before S.T. LANHAM, SPECIAL JUDGE, Dillon, July, 1928. Reversed.
Action by J.W. Weathington, as Administrator of the estate of Joe F. Barfield, deceased, against State Highway Department. From an order overruling a demurrer to the complaint, defendant appeals.
Messrs. John M. Daniel, Attorney General, Cordie Page, Assistant Attorney General, and J. Ivey Humphrey, Assistant Attorney General, for appellant, cite: Case controlled by 150 S.C. 302; 148 S.E., 57. Messrs. Joe P. Lane and Gibson Muller, for respondent.
May 22, 1931. The opinion of the Court was delivered by
Upon the authority of the case of Randall v. State Highway Department, 150 S.C. 302, 148 S.E., 57, the demurrer of the defendant in this case should have been sustained.
The judgment of this Court is that the order overruling the demurrer herein be reversed, and the complaint dismissed.
MR. CHIEF JUSTICE BLEASE, MESSRS. JUSTICES STABLER and CARTER and MR. ACTING ASSOCIATE JUSTICE COSGROVE concur.