Supreme Court of South Carolina, 1940

Gowan v. Greenville County

Supreme Court of South Carolina · Decided April 10, 1940 · MR. JUSTICE CARTER.

8 S.E.2d 509; 193 S.C. 327; 1940 S.C. LEXIS 61 (South Eastern Reporter, Second Series)

Counsel

Messrs. I.T. Tigert and H.K. Townes , for appellant, cite: Construction of statutes: 149 S.C. 178 ; 148 S.C. 815 ; 113 S.C. 99 ; 101 S.E., 285 ; 99 S.C. 218 ; 82 S.E., 1048 ; 155 S.C. 426 ; 152 S.E., 678 ; 157 S.C. 419 ; 154 S.E., 410 . Mr. Wilton H. Earle , for respondent.

Opinion of the Court

April 10, 1940.

The opinion of the Court was delivered by Appellant's exceptions to Judge Lide's decree are without merit. We adopt the Circuit order, which will be reported, as the opinion of this Court.

MR. CHIEF JUSTICE BONHAM, MR. JUSTICE FISHBURNE and MR. ACTING ASSOCIATE JUSTICE E.H. HENDERSON concur.

MR. ACTING ASSOCIATE JUSTICE J. HENRY JOHNSTON concurs in result.

Concurring Opinion

I concur in the result, but only because I am bound by a line of decisions of this Court, extending over a period of many years, which hold in substance that the enabling statute *Page 332 in question (Section 5856 of the Code of 1932) was enacted for the benefit only of travelers upon the highway.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.