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LEONARD v. GEORGETOWN COUNTY

December 17, 1956

IRENE W. LEONARD, MATTIE W. TARLTON AND J. TYLER WATSON, RESPONDENTS,
v.
GEORGETOWN COUNTY AND SOUTH CAROLINA WORKMEN'S COMPENSATION FUND, APPELLANTS.



The opinion of the court was delivered by: Taylor, Justice.

December 17, 1956.

This appeal is from an Order of the Circuit Court reversing the findings of fact and conclusions of law of the South Carolina Industrial Commission and ordering that respondents, the next of kin of the deceased Charles Howard Watson, have judgment against appellants for the maximum benefits payable under the South Carolina Workmen's Compensation Act, Code 1952, § 72-1 et seq., and all medical, surgical, hospital and doctors' bills.

Mr. Bob Morris, witness for claimants, testified as follows:

"Q. Mr. Morris, where do you live? A. I live up in Georgetown County about twenty-one miles from here.

"Q. In what section? A. Well, I don't know the township.

"Q. What is the section generally referred to as? A. Carver's Bay.

"Q. Is that the same thing we've been talking about as the Chopee Section? A. Yes, sir.

"Q. On November 9, 1952, did Mr. C.H. Watson visit you? A. Yes, sir, he did.

"Q. What happened at your house that day? A. Mr. Watson came to my place just before dinner and had dinner with me and we walked out to the Miller Road; and there is a low drain right betwixt the road and the house. And he stopped and looked at that; and he said, `Bob, you need a pipe in here'. He said, `That water collecting in here is not right.' I told him that was not the worst. We walked on beyond the road and come to another that at certain times in the pasture you can't go through without wading water. This water collects from this county road over here.

"Q. What road? A. Elliott Road; that's the only name I know it by.

"Q. What, if anything, did Mr. Watson say he was going to do. A. He said he was going to get out and see if something couldn't be done — see Mr. Porter and see if he wouldn't let him put some pipe in there. He stayed around and later on had supper and he left to come back to relieve Mr. Philips, the chain gang guard. I asked him to stay longer but he said he promised to go relieve Mr. Phillips and had to do it.

"Q. What time did he leave your house? A. I would say around 6:00 o'clock or a little after.

"Q. How far is it from your house to where the wreck occurred? A. I would say ...


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