Raley v. Darling Shop of Greenville

• Decision Date: 28 April 1950
• Docket Number: 16349.
• Citation: Raley v. Darling Shop of Greenville, 216 S.C. 536, 59 S.E.2d 148 (S.C. 1950)
• Parties: RALEY v. DARLING SHOP OF GREENVILLE, Inc.
• Court: South Carolina Supreme Court

59 S.E.2d 148

216 S.C. 536

RALEY v. DARLING SHOP OF GREENVILLE, Inc.

No. 16349.

Supreme Court of South Carolina.

April 28, 1950

Thames & Arrowsmith, Florence, for appellant.

Royall & Wright, Florence, for respondent.

TAYLOR, Justice.

This appeal comes to this Court by way of the Court of Common Pleas of Florence County from an order of the Honorable G. Badger Baker sustaining respondent's demurrer to appellant's complaint on the grounds that the facts stated therein are not sufficient to constitute a cause of action.

Appellant alleges in her complaint that while she was in the employ of respondent she received an injury which arose out of and in the course of such employment, as a result of which she filed her claim for compensation with the South Carolina Industrial Commission; that while plaintiff was confined to the hospital as a result of said injury the agent, servant or employee of respondent visited her and demanded that she withdraw such claim from the consideration of the Industrial Commission failing therein so to do she would be discharged from her employment; that appellant thereafter, upon being released from the hospital, presented herself to her employer for the purpose of resuming her work and, in compliance with the aforesaid threat, was discharged from such employment, and by reason thereof had suffered loss of employment, mental anguish and an invasion of her legal rights.

The demurrer interposed by the respondent challenged the complaint on the ground that it does not state...