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CHILTON v. CITY OF COLUMBIA

18485

247 S.C. 407 (1966)

147 S.E.2d 642

John Henry CHILTON, as Administrator of the Estate of Ronnie Chilton v. The CITY OF COLUMBIA and Southern Railway Company, Inc., of whom The City of Columbia is, Respondent.

Supreme Court of South Carolina.

April 4, 1966.

Attorney(s) appearing for the Case

Messrs. Gary Paschal, Dallas D. Ball, and Luther M. Lee, of Columbia, for Appellant.

Messrs. John W. Sholenberger and Edward A. Harter, Jr., of Columbia, for Respondent, The City of Columbia.

April 4, 1966.

BUSSEY, Justice.

This is an appeal from an order sustaining a demurrer, by the City of Columbia, to a complaint in an action for wrongful death. To quote from the agreed statement of the case:

"The Complaint alleges that the Defendant at the times mentioned therein was about three years of age. That on or about March 12, 1963, "he fell into a ditch at the northwestern corner of the intersection of Calhoun and Williams Streets in the...

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