GOWAN v. THOMAS

17705

237 S.C. 223 (1960)

116 S.E.2d 761

J. Manning GOWAN, as Administrator of the Estate of Jerry GOWAN, Appellant, v. Z.L. THOMAS and his son, David Thomas, a Minor, Respondents.

Supreme Court of South Carolina.

October 24, 1960.


Attorney(s) appearing for the Case

Messrs. Johnson & Smith, of Spartanburg, for Appellant.

Messrs. Holcombe & Bomar and Simpson Hyatt, of Spartanburg, for Respondents.


October 24, 1960.

STUKES, Chief Justice.

This appeal presents the single, sharp legal issue of whether funeral expenses are recoverable in an action under the survival statute, Section 10-209 of the Code of 1952, which follows in part:

"Causes of action for and in respect to * * * any and all injuries to the person * * * shall survive both to and against the personal or real representative * * *."

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