Cope v. Hampton County

Citations

• 42 S.C. 17
• 19 S.E. 1018
• 1894 S.C. LEXIS 17

Syllabus

<p>1. Action against Municipality. — A county, being part of the State government. shares the State’s immunity from suit, except in those cases where action against the county is authorized.</p> <p>2. Ibid. — Penalty—Change in Statute. — At the time when plaintiff’s horse was injured on a county bridge while drawing a road-cart, action against’ the county for damages for such injury was allowed if the road did not exceed the ordinary weight; at the time of action brought, the law was amended so as to relieve the county of liability, if the defect was not occasioned by the county’s negligence. Held, that if the old law governed, the complaint was faulty in not negativing the exception ; but that the new law governed, and plaintiff could not recover because there was no negligence on the part of the county.</p> <p>3. Ibid. — Repair of Bridge — Negligence—Nonsuit.—The testimony in this case showing that the defect in the bridge was caused by a recent flood, and that the county commissioners were very active in their efforts to repair it, there were no facts from which negligence could be inferred by the jury, and a nonsuit was proper.</p> <p>4. Amendment after Appeal. — Leave by this court to amend a complaint refused, there having been no motion to amend on Circuit.</p>