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SMITH v. CANAL INS. CO. ET AL.

17055

228 S.C. 45 (1955)

88 S.E.2d 780

BRUCE SMITH, Adm'r, Appellant, v. CANAL INSURANCE COMPANY and MACK D. SMITH, d/b/a Mack Smith Cab Company, Respondents.

Supreme Court of South Carolina.

August 15, 1955.

Attorney(s) appearing for the Case

Messrs. Mann & Mann, and Clement L. McEachern, of Greenville, for Appellant.

Messrs. Leatherwood, Walker, Todd & Mann, of Greenville, and W.G. Acker, of Pickens, for Respondent.

August 15, 1955.

STUKES, Justice.

The jury returned verdict in favor of the above plaintiff, now appellant, for five thousand dollars damages for the alleged wrongful death of his intestate. Code of 1952, Section 10-1951. Upon respondents' motion the trial court set the verdict aside and rendered judgment for them (the defendants) notwithstanding the verdict, upon the ground that appellant's intestate was guilty of...

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