Du Pre v. Lexington County
| Decision Date | 19 December 1911 |
| Citation | 73 S.E. 70,90 S.C. 180 |
| Parties | DU PRE v. LEXINGTON COUNTY. |
| Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Lexington County; G. W Gage, Judge.
Action by Ernest M. Du Pre against Lexington County. From a judgment for plaintiff, defendant appeals. Reversed, and complaint dismissed.
J. B Wingard and Efird & Dreher, for appellant. W. W. Hawes, for respondent.
In October, 1909, plaintiff filed with the county board of commissioners of Lexington county an itemized and verified claim of $99.75 against the county for damages to his automobile, alleged to have been caused by collision with a stump in the public highway. The county board in January 1910, passed upon the claim, and disapproved it. No appeal was taken from this action of the board, but on April 2 1910, plaintiff brought suit in a magistrate's court for the said amount claimed as damages due to the negligence of the county in leaving the stump in the public highway. The defendant, in addition to a general denial, set up the judgment of the county board of commissioners on the claim filed with it as a bar to the action. This last defense was overruled, and judgment was had for the plaintiff, which was affirmed on appeal to the circuit court.
The question presented is whether this action ex delicto could be prosecuted in the magistrate's court in view of the filing of the claim with the county board in October, 1909, and the action of the board thereon, from which no appeal was taken.
With respect to ordinary claims against the county, this court has often held that the county board acts judicially in passing upon them, and that the only method of review is by appeal to the circuit court. Jennings v. Abbeville County, 24 S.C. 546; Bank v. Goodwin, 81 S.C. 424, 62 S.E. 1100; Cunningham v. Clarendon County, 81 S.C. 202, 62 S.E. 212; People's Bank v. Greenville, 85 S.C. 297, 67 S.E. 296.
The provision of section 806 of the Civil Code of 1902 providing for the auditing and payment by the county board of commissioners of accounts for "labor performed, fees, services, disbursements, or any other matter ***" is broad enough to cover a claim for injury to an automobile resulting from a defect in a highway, and to confer jurisdiction on the county board to act judicially in the matter.
The provision of section 1347 of 1 Civil Code, giving the right to a person receiving damage in person or...
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