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FOWLER v. WOODWARD

18259

244 S.C. 608 (1964)

138 S.E.2d 42

Jimmy FOWLER, Administrator of the Estate of Baby Child (unnamed) Fowler, Respondent, v. Freddie WOODWARD, Appellant.

Supreme Court of South Carolina.

September 14, 1964.

Attorney(s) appearing for the Case

Messrs. Leatherwood, Walker, Todd & Mann, of Greenville, and Hemphill & Hemphill, of Chester, for Appellant.

Messrs. McElveen & McElveen, of Columbia, and Gaston & Gaston, of Chester, for Respondent.

Messrs. Leatherwood, Walker, Todd & Mann, of Greenville, and Hemphill & Hemphill, of Chester, for Appellant, in Reply.

September 14, 1964.

BRAILSFORD, Justice.

This is an appeal from an order of the circuit court overruling a demurrer to the complaint. The action is for damages for the wrongful death of an unborn, viable infant. The complaint alleges that the infant, while in the eighth month of gestation, perished with its mother in an automobile collision, and ensuing fire, which was caused by the negligent and willful misconduct...

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