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JEFF HUNT MACH. CO. v. STATE HWY. DEPT.

16396

217 S.C. 423 (1950)

60 S.E.2d 859

JEFF HUNT MACHINERY CO. v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT.

Supreme Court of South Carolina.

August 9, 1950.

Attorney(s) appearing for the Case

Messrs. John M. Daniel, Attorney General, and T.C. Calhson and R. Hoke Robinson, Assistant Attorneys General, of Columbia, and Sinkler, Gibbs & Simons, of Charleston, for Appellant.

Messrs. Smythe & Smythe, of Charleston, for Respondent.

August 9, 1950.

OXNER, Justice.

This case is here on the pleadings. The questions involved are:

May a person whose property has been damaged by reason of a defect in a State highway but who has been fully reimbursed for such loss under a policy of insurance, maintain an action against the State Highway Department for the amount of such damage under Section 5887 of the 1942 Code of Laws for South Carolina?...

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