Ralls v. Saleeby

• Decision Date: 09 December 1935
• Docket Number: 14188.
• Parties: RALLS v. SALEEBY.
• Court: South Carolina Supreme Court

182 S.E. 750

178 S.C. 431

RALLS v. SALEEBY.

No. 14188.

Supreme Court of South Carolina

December 9, 1935

Appeal from Common Pleas Circuit Court of Florence County; S.W. G Shipp, Judge.

Action by Ailine Underwood Ralls, as administratrix of the estate of G. O. Ralls, deceased, against William Saleeby. From an order overruling a demurrer to the complaint, defendant appeals.

Affirmed.

Bridges & Oulla, of Florence, for appellant.

Huger L. King and McEachin & Townsend, all of Florence, for respondent.

BAKER Justice.

This is an action under the "guest statute" (Code 1932, § 5908) brought in court of common pleas by Ailine Underwood Ralls, as administratrix of the estate of G. O. Ralls deceased, on behalf of herself, the widow, and Beatrice Ailine Ralls, the decedent's only child, for damages for the wrongful death of the said G. O. Ralls, caused by the alleged carelessness, recklessness, and willfulness of the appellant, William Saleeby, his agent, servant, or employee. The appellant demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action under the said "guest statute," which demurrer the circuit judge overruled.

The portions of the complaint pertinent to the issues to be decided are as follows:

"III. That on or about July 11, 1934, plaintiff's intestate G. O. Ralls, was riding with defendant's agent, servant, or employee on one of defendant's trucks along the Old Marion highway known as the 'Goose Pond road', six or eight miles east of the city of Florence, when the defendant's agent, servant, or employee, while operating the said truck in a careless, reckless, and negligent manner; at a high and excessive rate of speed drove off the highway and into a ditch, razing the growth thereon and crashing into a small side road bridge with such force as to break the neck of plaintiff's intestate, G. O. Ralls, from which injury he died a few hours later.

IV. That the defendant, his agent, servant, or employee, was operating defendant's truck at the time and place aforesaid, while plaintiff's intestate was riding thereon at a high, dangerous, and reckless rate of speed, in violation of the statutes of the state of South Carolina regulating the speed of motor vehicles on the highway; in a careless, negligent, and reckless manner; in wanton and willful disregard of the rights of plaintiff and other persons upon the said highway, without having the said truck under proper control, and in a manner dangerous to persons on the said truck and to plaintiff's intestate, G. O. Ralls in particular."

The order of his honor, Judge S.W. G. Shipp, is as follows:

"This matter comes before me on a demurrer filed to the complaint upon the ground that the complaint does not state facts sufficient to constitute a cause of action under the guest statute.

The complaint has already been construed by this court in its order of May 13, 1935, as an action by a guest to recover for personal injuries.

The complaint charges in substance that the agent of the defendant 'while operating the said truck in a careless, reckless, and negligent manner; at a high and excessive rate of speed, drove off the highway and into a ditch, razing the growth thereon and crashing into a small side road bridge * * * at a high, dangerous, and reckless rate of speed, in violation of the statutes of the state of South Carolina regulating the speed of motor vehicles on the highway; in a careless, negligent, and reckless manner; in wanton and willful disregard of the rights of plaintiff and other persons upon the said highway, without having the said truck under proper control, and in a manner dangerous to persons on the said truck.'

These allegations are sufficient to state a cause of action under the guest statute of this state. The allegation that the truck was being operated at a rate of speed in excess of that permitted by the statute alone, if properly proven, would entitle the plaintiff to have...