Farmer v. National Sur. Corp., 16717
Decision Date | 10 February 1953 |
Docket Number | No. 16717,16717 |
Citation | 223 S.C. 143,74 S.E.2d 580 |
Parties | FARMER v. NATIONAL SURETY CORP. |
Court | South Carolina Supreme Court |
Leatherwood, Walker, Todd & Mann, Greenville, for appellant.
Clement L. McEachern, Greenville, for respondent.
Plaintiff, who is now respondent, brought this action against the insurance company appellant for $3,000 damages for personal injuries allegedly suffered by him on Sept. 8, 1952, when he was crossing the road to get on a school bus which was negligently driven, with defective brakes, over plaintiff and dragged him some 50 feet, from which he suffered severe injuries and had to be hospitalized. It was further alleged in the complaint that the appellant had, quoting, from paragraph I, "issued its liability insurance policy on school buses in accordance with Article V-A, Section 1 (a)(2) of Act 379 of the Acts of the General Assembly for 1951 as amended by Act approved June 2, 1952."
Appellant demurred to the complaint upon the ground that the policy of insurance which it issued was under section 1 of the act whereby it was not rendered liable to one who is a lawful occupant of a school bus or injured while approaching or leaving it at a point of loading or unloading, and, in effect, that another and different insurer is liable for the injuries to plaintiff under Section 1(a)(1) of the Act.
The demurrer was overruled by the trial judge with the observation that the allegation of negligence in the complaint brought the plaintiff within the terms of section 1(a)(2) of the act, and, if negligence is proven, that section is applicable and the appellant is liable.
The appeal was submitted without oral argument and the respondent has not filed a brief. In that of appellant it is said that the act which was approved on June 2, 1952, too late for publication in the printed acts of that year, is, in pertinent part, as follows:
Section 1. Act No. 379 of the Acts of 1951 is amended by adding after Article V the following article which shall be Article V-A:
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Toney v. South Carolina Dept. of Educ.
...getting off Bus A, respondent was properly allowed to collect the no-fault benefits under subsection (1)(a). Farmer v. National Surety Corp., 223 S.C. 143, 74 S.E.2d 580 (1953). Under § 59-67-710(2)(e), the benefits of subsection (1)(a) are also extended to school children who are "run down......
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Toney v. South Carolina Dept. of Educ.
...has been set forth in previous decisions of our Supreme Court and need not be repeated here in its entirety. Farmer v. National Surety Corp., 223 S.C. 143, 74 S.E.2d 580 (1953); Collins v. National Surety Corp., 225 S.C. 405, 82 S.E.2d 511 (1954); Weston v. Nationwide Mutual Insurance Compa......
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...Code sections involved have been set forth in previous decisions of this Court and need not be repeated here. Farmer v. National Surety Corp., 223 S.C. 143, 74 S.E.2d 580; Collins v. National Surety Corp., 225 S.C. 405, 82 S.E.2d 511; Weston v. Nationwide Mutual Insurance Co., 237 S.C. 464,......