Walker v. Chester County

Citations

• 40 S.C. 342
• 18 S.E. 936
• 1894 S.C. LEXIS 150

Syllabus

<p>1. Action Against County — Statutes—Negative Averments. — The statute which gave a right of action for damages caused by a defect in the repair of a highway, was subsequently amended by the enactment of provisoes which limited such right of action to cases inter alia, where the plaintiff had not brought about his injury by his own act, or negligently contributed thereto. Held, that a complaint under this statute, as amended, was defective in failing to state that the injury complained of was not brought about by his own act, and that he had not negligently contributed thereto.</p>