All v. County of Barnwell

Citations

• 29 S.C. 161
• 7 S.E. 58
• 1888 S.C. LEXIS 121

Syllabus

<p>1. A county is liable to' a person injured through a defect in the repair of a highway, whether it was negligent or not (Gen. Stat., g 1087); but this statutory right of action does not survive to the personal representative of the person so injured, neither under this section nor under the prior act of 1859 (12 Stat, 825 ; Gen. Stat., $ 2183), which gives a right of action where death has been caused by the default of another.</p> <p>2. The action having been brought for the benefit of the widow and children of the person killed, it could not, by amendment, be changed into an action to recover damages for the benefit of the general administration.</p>