Mickle v. Congaree Construction Co.

Citations

• 41 S.C. 394
• 19 S.E. 725
• 1894 S.C. LEXIS 124

Syllabus

<p>1. Complaint — Administration—Oral Demurrer. — The complaint alleged that plaintiff is the duly qualified administrator of deceased, and sues for the benefit of his parents, and on these and other allegations demanded damages from defendant for the negligent killing of deceased. The defendant having pleaded the general issue, an oral demurrer at the trial, that the complaint did not state facts sufficient to constitute a cause of action, in that there was no allegation of plaintiff’s appointment as administrator, was properly overruled.</p> <p>2. Ibid. — Construction Company — Negligence.—The allegations of this complaint were sufficient to sustain an action against even a construction company, the sufficiency of the road-bed and track, under the circumstances, and knowledge by the parties, being matters of defence.</p>