SWINDLER v. PEAY

16998

227 S.C. 157 (1955)

87 S.E.2d 296

MARSHALL B. SWINDLER, Appellant, v. ALLEN PEAY, Respondent.

Supreme Court of South Carolina.

May 10, 1955.


Attorney(s) appearing for the Case

Messrs. Frank L. Taylor and Eugene F. Rogers, of Columbia, for Appellant.

Messrs. Roy A. Powell and Melton Kligman, of Columbia, for Respondent.


May 10, 1955.

LEGGE, Justice.

On the night of November 4, 1953, respondent's truck, which he was driving on State Highway 555 in Richland county, struck and killed a cow belonging to appellant, who thereafter brought this action for damages, actual and punitive. The complaint charged that at the time of the collision respondent's truck was off the road, and that respondent was negligent and reckless in driving at an excessive rate of speed, in failing to keep...

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