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LYON v. CITY OF SUMTER

20876

272 S.C. 359 (1979)

252 S.E.2d 118

Carl Francis LYON and Mrs. Sophia Lyon, Respondents, v. CITY OF SUMTER, Appellant.

Supreme Court of South Carolina.

February 6, 1979.

Attorney(s) appearing for the Case

Lee, Moise, Myers & Erter, Sumter, for appellant.

Levi & Wittenberg, Sumter, for respondents.

February 6, 1979.

GREGORY, Justice:

Respondents Carl Francis Lyon and Mrs. Sophia Lyon brought this action against appellant City of Sumter to recover damages for property loss. The lower court held the action could be maintained under Section 47-379, 1962 Code of Laws of South Carolina, and overruled appellant's demurrer to the complaint. We reverse.

The facts are not disputed. The respondents are citizens, residents and property holders of the City...

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