Lilly v. Railroad Co.

Citations

• 32 S.C. 142
• 10 S.E. 932
• 1890 S.C. LEXIS 25

Syllabus

<p>1. In action by an administratrix to recover damages for negligence causing her intestate’s death, the complaint, inter alia, alleged that “plaintiff and-children of tender years were solely dependent for a support and subsistence upon’’ intestate, but it failed to state that the intestate left surviving him a wife, or children, or parents, or that the action was for their benefit, as authorized by the statute. Held, that by reason of these omissions, the complaint failed to state facts sufficient to constitute a cause of action, and a demurrer on this ground was properly sustained.</p> <p>2. The complaint not having stated a cause of action, the Circuit Judge did not err in refusing an amendment at the trial, alleging that intestate left surviving him a wife and children, for whose benefit the action was brought.</p> <p>3. A refusal by the Circuit Judge to permit an amendment is appealable, but his discretion in the matter will not be interfered with on appeal, unless the error be clear.</p>