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LEGETTE v. SMITH

20127

265 S.C. 573 (1975)

220 S.E.2d 429

Gary Lee LEGETTE, as Temporary Administrator of the Estate of Christopher Legette, Appellant, v. Tom SMITH, d/b/a Tom Smith Construction Company, Respondent.

Supreme Court of South Carolina.

December 9, 1975.

Attorney(s) appearing for the Case

Franklin R. DeWitt, Esq., of Conway, for Appellant.

Messrs. William H. Seals, of Marion, Joe M. Cox, of Mullins, and Frank K. Sloan, of Columbia, for Respondent.

December 9, 1975.

LITTLEJOHN, Justice:

This wrongful death action arose out of the death by drowning of three-year-old Christopher Legette in a septic tank. Plaintiff, the deceased's father brought suit as the administrator of his son's estate, alleging the negligence of the defendant in constructing and installing the septic tank as the sole and proximate cause of his son's death.

The septic tank had been...

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