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TODD v. SANDIDGE CONSTRUCTION COMPANY

No. 9299.

341 F.2d 75 (1964)

Albert J. TODD, as Administrator of the Estate of Baby Todd, Deceased, Appellant, v. SANDIDGE CONSTRUCTION COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 3, 1964.

Attorney(s) appearing for the Case

James T. Lee, Conway S. C., for appellant.

Nathaniel L. Barnwell and Ben Scott Whaley, Charleston, S. C. (James B. Moore, Georgetown, S. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

An unborn child's death as a result of a tortious injury to her mother does not give a cause of action under the wrongful death act of South Carolina,1 the District Court has held, if the child was not born alive, although the child was viable at the time of injury. The decision was made on motion of the defendant tortfeasor to dismiss the complaint of the administrator of the child's estate. We reverse...

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