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BYRD v. MELTON

19482

259 S.C. 271 (1972)

191 S.E.2d 515

Glenda S. BYRD, Administratrix of the Estate of Rudolph Larue Sturgeon, III, Appellant, v. Martha Lovvorn MELTON et al., Respondents.

Supreme Court of South Carolina.

September 12, 1972.

Attorney(s) appearing for the Case

Harvey L. Golden, Esq., of Columbia, for Plaintiff-Appellant.

Messrs. Edward W. Laney, III,, of Turner, Padget Graham & Laney, Frank L. Taylor, Jr., Edwin Belser, of Belser and Kemmerlin, Thomas E. McCutchen, of Whaley, McCutchen, Blanton and Richardson, and William L. Pope, of Robinson, McFadden, Moore & Pope, all of Columbia, for Respondents.

September 12, 1972.

LEWIS, Justice.

This action was instituted to recover for the alleged wrongful death of Rudolph Larue Sturgeon, III, a minor, six years of age. The infant drowned in a branch or drainage ditch which crossed a three acre tract of land in which the defendants own interests. This appeal is from an order of the lower court granting defendants' motion for summary judgment.

The complaint of the...

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