Supreme Court of South Carolina, 1936

Warr v. Darlington County

Supreme Court of South Carolina · Decided July 23, 1936 · Bonham, Dennis, Darlington, Chiee, Stabeer, Messrs, Baker, Fishburne, Carter

186 S.E. 920; 181 S.C. 254; 1936 S.C. LEXIS 171 (South Eastern Reporter)

Counsel

Mr. C.E. Gardner , for plaintiffs, cites: Liability of county for acts of mob or riots: 13 A.L.R., 753; 64 N.Y.S., 411 ; 23 A.L.R., 297; 44 A.L.R., 1137; 52 A.L.R., 562;. Messrs. Dargan Paulling , for respondent, cite: Protection of property: Sec. 1385, Code 1932; 132 S.C. 347 ; 128 S.E., 728 . Construction of statute: 164 S.E., 383 ; 162 S.E., 444 ; 25 R.C.L., 1030; 2 Bail., 334; 53 S.C. 448 ; 31 S.E., 334 ; 144 U.S. 550 ; 36 L.Ed., 542 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Bonham.

Plaintiffs brought their action to recover damages for the destruction of their crop of tobacco by a “mob of disorderly and riotous persons,’’ on the night of. July 10, 1935. They predicate their action upon the provisions of Section 1385 of the Code of 1932. To the complaint the defendant interposed a demurrer, which was sustained by the Circuit Judge, Dennis, and the complaint was dismissed by his order.

From this order plaintiffs appeal.

We are of opinion that the order of Judge Dennis, sustaining the demurrer, correctly disposes of the issues involved. It is accordingly affirmed.

Ret it be reported.

Mr. Chiee Justice Stabeer and Messrs. Justices Baker and FishburnE concur. Mr. Justice Carter did not participate.

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