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GAINES v. THOMAS

18009

241 S.C. 412 (1962)

128 S.E.2d 692

Melvin GAINES, Respondent, v. Robert J. THOMAS, as Administrator of the Estate of William Joseph Martin, Jr., Appellant.

Supreme Court of South Carolina.

December 18, 1962.

Attorney(s) appearing for the Case

Messrs. Roberts, Jennings, Thomas & Lumpkin, of Columbia, and Lybrand, Simons & Rich, of Aiken, for Appellant.

Messrs. Dufour & Dufour, of Aiken, for Respondent.

December 18, 1962.

BRAILSFORD, Justice.

In October of 1957, an automobile driven by William Joseph Martin, Jr., defendant's intestate, and a truck of Peerless Mattress Company, driven by Clyde Byars, collided on U.S. Highway No. 1 in Aiken County. Martin was killed and Melvin Gaines, the plaintiff in this action, who was working on the shoulder of the highway near the point of impact, was injured. Gaines brought this...

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