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FULLER v. BAILEY

17742

237 S.C. 573 (1961)

118 S.E.2d 340

Fred W. FULLER, Administrator of the Estate of Mildred L. Fuller, Respondent, v. James C. BAILEY, Appellant.

Supreme Court of South Carolina.

February 1, 1961.

Attorney(s) appearing for the Case

Messrs. Sinkler, Gibbs & Simons, of Charleston, for Appellant.

Messrs. William H. Grimball, Jr., and Arthur C. Baker, of Charleston, for Respondent.

February 1, 1961.

MOSS, Justice.

This is an action to recover damages for the alleged wrongful death of Mildred L. Fuller. Section 10-1951 et seq., 1952 Code of Laws of South Carolina. The respondent asserts that his intestate was riding as a guest passenger in the automobile of the appellant. The right to recover is governed by Section 46-801 of the Code of 1952, which provides:

"No person transported...

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