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PATRICK v. S.C. HIGHWAY DEPT.

18126

243 S.C. 246 (1963)

133 S.E.2d 751

James E. PATRICK, as Administrator of the Estate of Terry Lee Patrick, Respondent, v. SOUTH CAROLINA HIGHWAY DEPARTMENT, Appellant.

Supreme Court of South Carolina.

December 2, 1963.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and Benjamin B. Dunlap, Assistant Attorney General, of Columbia, and James L. Moss, Jr., of York, for Appellant.

Messrs. Robert M. Ward and Samuel B. Mendenhall, of Rock Hill, for Respondent.

December 2, 1963.

BRAILSFORD, Justice.

The sole question involved on this appeal is whether the complaint in an action against the South Carolina Highway Department for the wrongful death of a five-year-old child must allege that the parents of the child, for whose benefit the action is brought, were not contributorily negligent. We think that the circuit court correctly concluded that such an allegation is unnecessary...

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