Duncan v. Greenville County

• Decision Date: 17 March 1905
• Citation: 50 S.E. 776,71 S.C. 170
• Parties: DUNCAN v. GREENVILLE COUNTY.
• Court: South Carolina Supreme Court

50 S.E. 776

71 S.C. 170

DUNCAN v. GREENVILLE COUNTY.

Supreme Court of South Carolina

March 17, 1905

Appeal from Common Pleas Circuit Court of Greenville County Townsend, Judge.

Action by Rosa Duncan against Greenville county. From a judgment overruling a demurrer, defendant appeals. Affirmed.

T. K Earle and Shuman & Muckenfuss, for appellant. Blythe & Blythe, for respondent.

POPE C.J.

The following complaint was exhibited by plaintiff against defendant in the court of common pleas of Greenville county:

"(1) That, as plaintiff is informed and believes, the defendant was at the times hereinafter mentioned, and still is, a body politic and corporate under and by virtue of the laws of this state, and as such was and is authorized to sue and be sued in any of the courts of this state having jurisdiction.

(2) That, as plaintiff is informed and believes, it is the duty of the defendant, under the laws of this state, at all times to keep the public highways in Greenville county in good order and repair, so that persons using said highways for the purposes of travel may safely and conveniently pass along and over such highways in vehicles and otherwise.

(3) That among the public highways under the law, as plaintiff is informed and believes, it is the duty of the defendant to keep in good order and repair, is the public highway in said county extending from the city of Greenville through the town of Travellers Rest to the state of North Carolina, and is generally known as the 'Buncombe Road,' and that said highway is one of the principal arteries of travel in said county.

(4) That the defendant, in violation of the duty imposed upon it by law, negligently allowed said highway to become out of order and defective, by placing and leaving in said highway at a point about one mile from the corporate limits of the city of Greenville, a large and heavy wagon loaded with rock which had been used in the repair of said highway, and by permitting said wagon so loaded to be left in said road for several weeks, unlighted and unguarded, so that it was in such position a menace to the safety of travel, and rendered said highway defective and unsafe.

(5) That on the 12th day of March, 1904, on the evening of said day, plaintiff was being driven along said public highway to the home of her son-in-law, near City of Greenville, in a carriage which was used as a public conveyance for the purpose of conveying the public generally for hire; that plaintiff was seated in said vehicle, which was being driven by its regular driver; that while plaintiff was so traveling along said public highway, wholly unaware of danger, the vehicle in which she was riding collided with said loaded wagon, and plaintiff was thrown violently against the front seat of the vehicle in which she was riding, and suffered thereby the injuries hereinafter set forth.

(6) That the injuries sustained by plaintiff were caused by

...