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JOHNSON v. A.C.L.R. R. CO. ET AL.

17164

229 S.C. 329 (1956)

92 S.E.2d 847

BEULAH JOHSON, as Administratrix of the Estate of Woodrow Johnson, Respondent, v. ATLANTIC COAST LINE RAILROAD COMPANY and R.Q. POWELL, Appellants.

Supreme Court of South Carolina.

May 17, 1956.

Attorney(s) appearing for the Case

Messrs. Willcox, Hardee, Houck & Palmer, of Florence, and Norton & Norton, of Marion, for Appellants.

J. Ralph Gasque, Esq., of Marion, for Respondent.

May 17, 1956.

STUKES, Chief Justice.

This action for damages for the alleged wrongful death of plaintiff's intestate-husband was commenced on March 24, 1947. It was brought for the benefit of plaintiff-widow and her and decedent's children. Defendants answered in due time and alleged, inter alia, that plaintiff was not the qualified administratrix of the estate of the decedent and was without capacity to bring the action as administratrix.

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