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BENNETT v. PEELER

19440

258 S.C. 540 (1972)

189 S.E.2d 814

Henrietta BENNETT, as Administratrix of the Estate of Latham Bennett, Appellant, v. Winnifred M. PEELER, as Executrix of the Estate of Raymond Hugh Peeler, and Better Beer Company, Inc., Respondents.

Supreme Court of South Carolina.

June 14, 1972.

Attorney(s) appearing for the Case

Harold R. Lowery, Esq., of Chapman and Lowery, of Anderson, for Appellant.

Messrs. Love, Thornton, Arnold & Thomason, of Greenville, for Respondent.

Messrs. Chapman and Lowery, of Anderson, for Appellant, in Reply.

June 14, 1972.

BRAILSFORD, Justice:

While I agree that the only reasonable inference from the evidence is that decedent was guilty of negligence in failing to yield the right-of-way to the approaching vehicle, in my judgment, his failure to do so does not conclusively convict him of recklessness or willfulness. The only testimony on the point is that before undertaking to cross the eastbound lanes, he stopped and...

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