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WEST v. McCOY

17460

233 S.C. 369 (1958)

105 S.E.2d 88

Walter B. WEST, Administrator of the Estate of Baby Child (unnamed) West, Deceased, Plaintiff-Respondent, v. C.L. McCOY and Curtis Catoe, Defendants-Appellants.

Supreme Court of South Carolina.

August 20, 1958.

Attorney(s) appearing for the Case

Messrs. D. Glenn Yarborough, of Lancaster, and William F. Prioleau, Jr., of Columbia, for Appellants.

Messrs. Richards & Richards and Richards, Caskey & Richards, of Lancaster, for Respondent.

August 20, 1958.

TAYLOR, Justice.

This appeal arises out of an action for the wrongful death of an unborn child, said action being brought under Section 10-1951, Code of Laws of South Carolina, 1952, which reads as follows:

"Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action...

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