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FUNDERBURKE v. JOHNSON

18993

253 S.C. 430 (1969)

171 S.E.2d 597

William Cecil FUNDERBURKE, by g/a/l, C.F. Dawes, Respondent. v. Allison G. JOHNSON and Carolyn W. Johnson, Appellants.

Supreme Court of South Carolina.

December 17, 1969.

Attorney(s) appearing for the Case

Messrs. Suggs & McCutcheon, of Conway, for Appellants.

Messrs. Stevens & Holt, of Loris, for Respondent.

December 17, 1969.

LITTLEJOHN, Justice.

This action was brought by a two year old child through his Guardian ad Litem to recover for personal injuries alleged to have been proximately caused by the negligent and reckless operation of a motor vehicle.

The defendants, who are the owner and operator of the motor vehicle, answered the complaint, setting forth in form four separate numbered defenses: 1. a general denial; 2. sudden emergency; 3. unavoidable...

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