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LANCASTER v. SWEAT

17831

239 S.C. 120 (1961)

121 S.E.2d 444

Arthur LANCASTER, Respondent, v. Ellen V. SWEAT and one 1955 Ford Coach Automobile bearing 1959 S.C. License No. D-115865, Appellants.

Supreme Court of South Carolina.

August 31, 1961.

Attorney(s) appearing for the Case

Messrs. Haynsworth, Perry, Bryant, Marion & Johnstone, of Greenville, for Appellants.

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

Messrs. Haynsworth, Perry, Bryant, Marion & Johnstone, of Greenville, for Appellants, in Reply.

August 31, 1961.

OXNER, Justice.

This is an appeal from an order striking the second defense of defendants' answer upon the ground that it is irrelevant, immaterial and redundant.

It is alleged in the complaint that defendant Ellen V. Sweat negligently and recklessly drove her automobile into the corner of plaintiff's residence causing extensive damage to the building and loss of the use of one room for a...

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