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SPENCER v. KIRBY

17493

234 S.C. 59 (1959)

106 S.E.2d 883

Myrtle B. SPENCER, as Administratrix of the Estate of Gilbert Blease Spencer, Appellant-Respondent, v. Elbert Boone KIRBY, Respondent-Appellant.

Supreme Court of South Carolina.

January 26, 1959.

Attorney(s) appearing for the Case

Jonathan Z. McKown, Esq., of Gaffney, for Appellant-Respondent.

Messrs. Haynsworth, Perry, Bryant, Marion & Johnstone, of Greenville, and C.E. Saint-Amand, of Gaffney, for Respondent-Appellant.

Jonathan Z. McKown, Esq., of Gaffney, for Appellant-Respondent, in Reply.

January 26, 1959.

TAYLOR, Justice.

This appeal arises out of an action brought in the Court of Common Pleas for Cherokee County by the Administratrix of the Estate of Gilbert Blease Spencer against the defendant, Elbert Boone Kirby, for damages allegedly arising out of the death of the deceased through an automobile collision.

The case was tried before the Honorable T.B. Greneker and a jury, resulting in a...

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